IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

 

Crl. Rev. Application No.S-56 of 2025.

    

DATE OF

HEARING

 

ORDER WITH SIGNATURE OF JUDGE

 

1.    For orders on O/objection at flag-A.

2.    For hearing of bail application.

 

 

Date of hearing     07.08.2025.

 

 

Mr. Muhammad Naqi Ali, Advocate for applicant.

Syed Sardar Ali Shah DPG for State.

                         ********

 

 

                                                O R D E R

 

         

 

          This is an Revision Application u/s 439 r/w Section 435 Cr.P.C, in respect of the order dated 17.06.2025 passed by learned Additional Sessions Judge-I/(MCTC), Khairpur whereby the said Crl. Misc. Application No.01/2025 was declined wherein the present applicant had required the availability of the vehicle under Superdari. In the said order the learned trial Court having observed that the heinous crime of Qatl-i-Khata of causing murders of deceased Mst. Rubina, Mst.Saira, Mst. Rukhsar and Baby Arhan alongwith taxi driver Muhammad Nawaz having been caused by way of Qatl-i-Khata having been caused by the subject vehicle same was no found available.

 

          Learned counsel for the applicant contended that the order passed by the learned trial Court is liable to cause wastage of the subject property and could have been conditional whereby security may have been obtained and directions accordingly could have been issued for the subject vehicle being produced as and when required in order to ensure that the case proceeds.

 

          Learned Additional Prosecutor General accordingly states that the purpose of restricting release of the vehicle is based upon the interest of the legal heirs of the deceased as well as the proceeding of the case.

 

After hearing the matter at some length, it is by consent order that in case the applicant submits tangible security in the value of subject property to be determined by the Excise Department or the Nazir of the Court (on the cost of the applicant) and further undertakes to bring forward the subject vehicle on each and every date when the case property is required the subject vehicle may be obtained on superdari. In this regard however, the applicant is also restricting from effecting any change to the said vehicle which may effect the proceeding of the matter in any manner.

 

With the above observation matter stands disposed of.

 

                                                                                      J U D G E

 

 

 

 

 

 

 

 

 

 

 

 

 

Ihsan/PS.