ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Misc. Appln. No. 17 of 2009.           

Date	Order with signature of Judge

For Katcha Peshi.

26.02.2009.

                        Mr. Naimatullah Bhurgri, State counsel.

                        Applicant/ UTP Munir Ahmed Shah produced in custody.

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                        Applicant/ UTP Munir Ahmed Shah confined in District Jail, Shikarpur, is facing trial in criminal case vide S.C. No. 314/1987, for offences punishable under section and that case is pending in the court of 6^th Additional Sessions Judge, Larkana, but he is confined at District Jail, Shikarpur. It is mentioned that his case is as much as old of 21-years. It seems that he was declared proclaimed offender and as such case proceeded only against accused Ali Gul, Manzoor and Mour who have been acquitted by the court of 6^th Additional Sessions Judge, Larkana, vide judgment dated 23.10.2002, which was pronounced in absentia of accused Ghulamoo and Munir Shah, who were declared proclaimed offenders. It is stated that accused Ghulamoo has since died. Be that as it may, it is for the trial court to ascertain by way of taking legal measures as if Ghulamoo has since expired or he is alive. Mr. Inayatullah Morio, Advocate, appearing in other matters is by chance present, and he filed his Vakalatnama on behalf of applicant/ UTP Munir Ahmed Shah and submits that there is no any case pending at Shikarpur against present accused. His contention is that the case is pending trial in the court of 6^th Additional Sessions Judge, Larkana, and the same could not be proceeded as some times custody in the case has not been produced.

                        Mr. Naimatullah Bhurgri, learned State counsel fairly extended his no objection to this proposition.

                        In this matter report was called from the Inspector General of Prisons, who through his letter dated 12.02.2009, submitted the Superintendent, District Jail, Shikarpur, vide his letter No. 950, dated 11.02.2009, has furnished jail roll of the above prisoner, and reported that the he was convicted by learned Special Jude Narcotics Hyderabad in case under section 9-C CNS, crime No.20/2005, of P.S City, Hyderabad and sentenced to suffer R.I for fourteen years and to pay fine of Rs.200,000/- or six months more on 31.10.2006.  The above named prisoner is also required in six other cases which are pending before various courts of Karachi and Larkana districts mentioned in the jail roll and all cases are notified by the Government of Sindh, Home Department, Karachi letter No. PRS-II/HD/8-23/2008, dated 12.7.2008, at Central Prison, Karachi for inside trial. The superintendent jail, further informed that the above named convict was received on transfer from Central Prison Karachi to District Jail, Shikarpur, on 19.10.2008 on administrative grounds alongwith other 11-prisoners of Central Prison, Karachi.

                        It reveals from the report of the I.G. Prisons, that accused Munir Ahmed Shah has been shifted from Karachi to District Jail, Shikarpur, on 19.10.2008, on administrative grounds alongwith other 11 prisoners. Since Sessions case No. 314/1987, arisen out of F.I.R No. 14/1987, P.S Dhamrah, is pending trial before the court of learned 6^th Additional Sessions Judge, Larkana, and the presiding officer of the court is available. It will be in the interest of justice that the custody of applicant/ UTP Munir Ahmed Shah is transferred from District Jail, Shikarpur, and he is lodged at Central Prison, Larkana. Order accordingly. Copy of this order may be sent to the trial court, so that production order of the accused may be issued by the trial court on date of hearing accordingly.

                                                                                                            Judge