ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Cr. Misc. Appln. No.S- 74 of 2012.

Date                          Order with signature of judge.

1. For orders on M.A No.1197/2012.

2. For orders on M.A No.1198/2012.

3. For Katcha Peshi.                                

24.09.2012.

Mr. Asif Ali Abdul Razzak Soomro, advocate for the applicant.

Mr. Mohammad Yaqoob Dahani,  State Counsel.

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                        Following relief has been sought in the present application:  

                        “In the light of above factual position, humble submissions after going through record and hearing arguments, this Honourable Court may graciously be pleased to set aside the impugned order dated 21.04.2012 passed by learned Civil Judge & Jidicial Magistrate-I, Shahdadkot and convert N.B.Ws issued against the applicants/accused into bailable warrants.”

                        Learned counsel for the  applicants  has placed reliance upon two unreported  judgments, one of the honourable Supreme Court of Pakistan  passed in  Criminal Petition No.105-K of 2002 Shah Murad and others v. State wherein the honourable Supreme Court of Pakistan has observed as under:

                         “There is, however, a grievance of the petitioners that in the first instance, it would always be proper and  fair to issue summons or atleast bailable warrants  in order to secure the attendance of the petitioners who  were not sent up.  It would only be expedient to issue coercive process if the petitioners had disobeyed the summons or avoided service of bailiable warrants.”

                        In other case in Cr.Misc. Appln. No.S-165 of 2010 re: Loung Khan and others v. The State,  Mr. Justice Sarmad Jalal Osmani, the then Chief Justice of this Court  observed as under:

                        “Consequently, if the Magistrate decides to join the persons who have been placed in column No.2 of the challan, he is duty bound to summon them.  This may also include using coercive process viz. issuance of N.B.Ws and proceedings under section 87/88, Cr.P.C, if such persons despite efforts do not appear before the Magistrate.   However, in cases where such accused persons have been co-operating with the police as in the present case and have been placed in column No.2, then it would be indeed harsh to issue N.B.Ws in the first instance as has been held in the case of Shah Murad (Supra).  In such cases the Magistrate should in the first instance issue B.Ws and if the accused are not appearing then coercive methods should be adopted.”

                        Learned State Counsel  concedes  to the grant of relief  prayed in the application on the basis of observations  made in the afore mentioned  cases.  Present application is allowed.  Impugned order  passed by Judicial Magistrate-I, Shahdadkot on 21.04.2012 is modified with direction to issue bailable warrants instead of non-bailable warrants.

JUDGE