ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                                Cr. Revision Appl. No.S-82 2009                               

DATE         ORDER WITH SIGNATURE OF JUDGE

                        1.         FOR KATCHA PESHI.

                        2.         FOR HEARING OF MA NO.1799/2009.

                        3.         FOR HEARING OF MA NO.1800/2009

                        4.         FOR HEARING OF MA NO.1801/2009.

12.10.2009.

            Mr. Muhammad Ishaque Khoso Advocate for the applicant.

            M/s Syed Madad Ali Shah and Hidayatullah Abbasi Amicus Curaie.

Mr. Shahid Ahmed Shaikh Asstt. P.G for the State

                                                                        =                     

                        Syed Madad Ali shah Advocate submits that in view of dictum laid down by the Honourable Supreme Court in P.L.D 2009 S.C page 768 before accepting the compromise, the trial court has to see the genuiness and conditions of the compromise. He further submits that let this criminal Revision be accepted and impugned order passed by the learned trial court be set-aside and matter may be remanded to trial court to decide the afresh after recording evidence of complainant and legal heirs of deceased in order to ascertain whether the murder of deceased was committed under the allegations of Siyah Kari or otherwise and then to decide the compromise application in accordance with law. Mr. Muhammad Ishaque Khoso advocate for the applicant and learned State counsel have no objection. By consent the impugned order passed by the learned trial court is set-aside and learned trial court is directed to record evidence as stated above and decide the compromise application accordingly.

This criminal Revision is disposed of in above terms alongwith listed applications.

                                                                                                            JUDGE.