IN THE HIGH COURT OF
SINDH, BENCH AT SUKKUR
Cr. Appeal No: D-94/2007
Present:-
Mr. Muhammad Ather Saeed
&
Mr. Irfan Saadat Khan,
J.J.
Date of hearing:
Sadiq and two others: Appellants.
Versus
The State: Respondent.
For the Appellants in this Appeal: Mr. Amanullah G. Malik, Advocate.
For the
Appellants in
Cr. Appeal
No.95/2007: Miss
Rizwana Jabeen Siddique,
Advocate.
For the
Applicant in
Cr. Revision No.
108/2007: Mr.
Shamsuddin Kobhar,
Advocate.
For the State: Mr.
Zulfiqar Ali Jatoi,
Deputy
Prosecutor General.
J U D G M E N T
Muhammad
Ather Saeed, J--- On
The basic reason for such
decision was that it had been pointed out to us by Mr. Shamsuddin Kobhar that
he had applied to this Court for early disposal of the case by the Sessions
Court and this Court had directed the Sessions Court to decide the issue and
dispose of the case within 04 months. He further submitted that he had filed an
Application for reopening his side and allowing him to present the two I.Os for
their Depositions.
Mr.
Mushtaque Hussain Shah also said that it was necessary that the 2 I.Os may be
presented for examination so that his right to cross-examine may not have
extinguished. Even otherwise, certain minor even major discrepancies were also
pointed by all the learned Counsel in the Impugned Judgment, therefore, all the
learned Counsel had submitted that they will be satisfied if the matter is
remanded back to the learned Trial to allow the Prosecution to present I.Os
Abdullah Leghari, Kalam Abbas Shah, HC Ghulam Hyder and ASI Mohammad Ashraf Jat.
The
learned Trial Court is directed to examine the above named I.Os and the author
of the FIR and provide a chance to the Accused/Appellant to cross-examine such
I.Os and the author of the FIR and then on the basis of evidence available with
it, pass an order afresh after giving all the counsel an opportunity to make
their arguments. This exercise is directed to be completed within a period of
04 months but with directions that short dates may be allowed and the
directions of this Court may not be used as an excuse to again pass sketchy and
non-speaking order.
With
these directions, this case is remanded back for passing de novo order in
accordance with above directions.
Since
we have remanded back the order and the Appellants have been in Jail for almost
04 years and 05 of them had already been allowed bail before passing of the
order which has been set aside, therefore, without going into the merits of the
case, the Appellants are admitted to bail subject to furnishing solvent surety
in the sum of Rs. 2,50,000/- (Rupees Two Lac Fifty Thousand) each and P.R bond
in the like amount to the satisfaction of the Trial Court.
Judge
Judge
Rashid