ORDER SHEET
IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Crl. Revision Application No.S-27 of 2021.
1.
For Orders on office objection.
2.
For hearing of main case.
22-04-2021.
Mr. Muhammad Ali Napar, advocate for the applicant.
Mr.
Aftab Ahmed Shar, APG for the State a/w ASI Ramz Ali of PS Adilpur.
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It is contended by learned counsel
for the applicant that the applicant is the complainant of FIR of the present
case, he pardoning the absconding accused has sought for their acquittal by
filing such application, which is declined by learned 1st Additional
Sessions Judge/ (MCTC) Ghotki vide his order dated 05-12-2019,
which is illegal, and is liable to be set-aside with acquittal of the
absconding accused.
Learned
APG for the State has sought for dismissal of instant Crl. Revision Application
by contending that it is incompetent.
I
have heard the arguments and perused the record.
Neither
the absconding accused nor any other legal heir of the deceased has been made
party to the instant Crl. Revision Application, which is surprising. The order of
learned trial Court is impugned by the applicant before this Court after 15
months of its passing. Why with such delay? No explanation to it is offered.
The instant Crl. Revision Application obviously is hit by unexplained laches.
If for the sake of arguments, it is believed that the applicant has actually pardoned
the absconding accused of his case, then they have to take benefit of such
pardon by putting their appearance before learned trial Court in order to go
through the procedure, which is prescribed by law for acceptance of the compromise
in murder case or otherwise, such procedure could not be dispensed with under
any pretext. If it is dispensed with, then such action would be contrary to law
and illegal. In these circumstances, learned trial Court was right to pass the
impugned order declyning the acceptance of compromise with the absconding
accused, same even otherwise is not found to be suffering from any illegality,
which may justify this Court to make interference with it by way of instant
Crl. Revision Application, same being misconceived is dismissed accordingly.
Judge
Nasim/Steno