ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Bail Appln. No. S-   160  of 2012.

Date of hearing

Order with signature of Judge

1. For order on office objection.

2. For order on M.A. No. 883/2012.

3. For order on M.A. No. 884/2012.

4. For hearing.

5. For order on M.A. No. 885/2012.

05.04.2012.

          Mr. Asif Ali Abdul Razzak Soomro, Advocate alongwith applicants.

          Miss Rubina Dhamrah, State counsel.

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1.       Office objection is over ruled.

2.       Urgency granted.

3.       Exemption granted.

4 & 5. Both the applicants have applied protective bail in Crime No.100/2011 lodged with P.S Shahdadkot under section 302 P.P.C. The learned counsel while arguing protective bail application has invited attention of this Court to copy of judgment dated 25.2.2012, in which the learned Sessions Judge, Kamber-Shahdadkot, in Sessions case No.362/2011, in the same crime number has acquitted co-accused Yar Muhammad and Hakim and since the present applicants were declared absconders, therefore their case has been kept on dormant file for further proceedings. Learned counsel for applicants also placed on record the copies of depositions recorded in the trial Court, in which complainant  Nabi Bakhsh and PWs:  Munawar and Zafar Ali have categorically stated that the present applicants Abdul  Hameed and Mumtaz Ali  are not responsible for the murder of complainant’s daughter Mst. Asma. The learned counsel argued that since the case has been kept on dormant file, therefore, he requests for protective bail and suspension of N.B.Ws: so that the applicants will be able to appear before the trial Court and move application under section 265-K Cr.P.C for their acquittal, as on the same set of evidence two co-accused have been acquitted by the trial Court.

          Without touching merits of the case, both the applicants are granted protective bail for fifteen days from today subject to executing P.R bonds each in the sum of Rs.100,000/- (One hundred thousands), to the satisfaction of Additional Registrar of this Court. The applicants shall surrender before the trial Court and also apply for bail. In the meantime the operation of N.B.Ws: issued  against the applicants by the trial Court stands suspended. The applicants’ counsel submits that he will also move an application under section 265-k Cr.P.C before the trial Court for acquittal of the applicants. If any such application is moved, the learned trial Court is directed to dispose of the same preferably within fifteen days.

          Bail applications stands disposed of.

                                                                        Judge