IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 173 of 2022

Appellants: Farhad Ali and Muhammad Farhan through Mr. Habib-ur-Rehman Jiskani advocate

The State: Through Mr. Faheem Hussain Panhwar, Deputy Prosecutor General Sindh

Date of hearing: 23.08.2022

Date of judgment: 23.08.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is alleged that the appellants being owner and driver of the wagon fixed therein a CNG cylinder, which exploded and caught fire, as a result whereof Abdul Hadi, Shahriyar, Mst. Neelofer, Mst. Mehwish, Muhammad Saleem and Mst. Benish lost their lives, after sustaining burns injuries, for that they were booked and reported upon. On trial, they were found guilty for the said offence and each one was convicted under Section 322 PPC and sentenced to pay Diyat amount to the legal heirs of the said deceased and in default whereof to undergo simple imprisonment till realization whereof by learned Additional Sessions Judge-IX, Karachi South vide judgment dated 17.02.2022, which is impugned by the appellants before this Court by way of instant appeal.

2. It transpired that no plea of either of the appellant has been recorded those are lying blank and no chance has been provided to appellant Fahad to engage a counsel to make cross-examination on his behalf to the prosecution witnesses by such act, they have been prejudiced in their defence seriously, which is against the mandate contained by Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973 which prescribes right of fair trial to everyone.

3. Learned counsel for the parties when were confronted on above were fair enough to say that such omission could only be cured on remand of the case.

4. In view of above, the conviction and sentence awarded to the appellants by way of impugned judgment are set aside with direction to learned trial Court to proceed with the case afresh in accordance with law right from the stage of recording their pleas.

5. The appellants were enjoying the concession of bail at trial, they to enjoy the same concession subject to furnishing fresh surety in sum of Rs.200,000/- (Rupees Two Lacs) each and P.R bond in the like amount to the satisfaction of the learned trial Court.

6. Instant appeal is disposed of accordingly.

[

JUDGE