IN THE HIGH COURT OF SINDH, CIRCUIT COURT

LARKANA  

Crl. Transfer Appln. No. S- 02 of 2024.

Applicant:                               Mansoor Ahmed, through Mr. Naushad Ali Tagar, Advocate.

Respondent No.1:                    Darban Ali, through Mr. Ashfaq Hussain Abro, Advocate

Respondent No.2:                   The State, through Mr. Ali Anwar Kandhro, Additional Prosecutor General.

Date of hearing:                     04.03.2024.

Date of order:                        04.03.2024.

ORDER

Muhammad Saleem Jessar, J-. Through captioned application, applicant Mansoor Ahmed (complainant) seeks transfer of Crl. Bail Application No. 13 of 2024 re; Darban Ali Abro v. The State, emanating from F.I.R No.03 of 2024, P.S Civil Line, Larkana, from the Court of learned Judicial Magistrate-V, Larkana, to another Court on the ground that, since the accused/ respondent No.1 (Darban Ali) has been granted bail in other case i.e. Crime No.127 of 2023 by learned Judicial Magistrate-V, Larkana, as such the applicant/ complainant has apprehension that the accused would also be granted bail in this case.

            The ground taken by applicant/ complainant for transfer of the bail application has no substance at all, because case is to be decided by the trial Judge on its own merits without dilating upon merits or demerits of the other case (filed earlier), and the order, if any, passed in the case, would be challengeable before the next forum. Every Judge is always expected to decide the case on its merits on the basis of law and the facts, without any favor or fear, and it is also expected from the Judge, who has seized of the instant matter. However, self-procured mistrust, suspicion and apprehension of applicant/ complainant is no ground for transfer of case. It is settled law, that cases cannot be transferred as a matter of routine at the wish of any of the parties without any solid ground.

            Accordingly, in view of foregoing the instant transfer application being devoid of merits stands dismissed.

                                                       Judge

Ansari