ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

Criminal Appeal No.D- 10 of 2013

DATE	ORDER WITH SIGNATURE OF JUDGE

For orders on office objection flag ‘A’
For Orders on M.A No. 167/2013
For Katcha Peshi.

19.2.2013

Mr. Altaf Hussain Surahio, advocate for appellant.

Mr. Naimatullah Bhurgri, State counsel.

----------

This appeal impugns the judgment dated 01.8.2012 recorded by Special Judge Anti Terrorism Court, Jacobabad in Special Case No.19/2010 whereby appellant was convicted in absentia and sentenced to suffer R.I for five years.

At the very outset, learned counsel for the appellant has argued that neither proper procedure was adopted while passing the impugned judgment nor charge was framed or evidence was recorded against the appellant. Hence the impugned judgment is not sustainable in view of dicta laid down by Honourable Supreme Court in the case of Arbab Khan v. State 2010 SCMR 755.

Conversely, Mr. Naimatullah Bhurgri, State counsel could not controvert the contention advanced at bar by Mr.Surahio however, he contended that since the appeal is hopelessly time barred, therefore, same is liable to be dismissed.

We have heard the learned counsel for the parties and also scanned the judgment which has been impugned through this appeal. From the perusal of impugned judgment it appears that neither proper procedure was adopted nor evidence was recorded and no piece of evidence was even discussed in the impugned judgment. In view of above and the dicta laid down by Honourable Supreme Court we allow this appeal. Consequently the sentence awarded to the appellant vide impugned judgment is set aside. He is acquitted of the charge. Let the appellant be released forthwith if not required in any other case.

Sd/-Judge