ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Appeal No. D-112 of 2015

______________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

1. For hearing of M.A No. 5369/2015(B.A)

2. For regular hearing

Present:

Mr. Justice Aqeel Ahmed Abbasi &

Mr. Muhammad Faisal Kamal Alam.

07.04.2016

Mr. Abdul Baqi Jan Kakar advocate for the appellant.

Mr. A.R Kolachi A.P.G.

O R D E R

Through listed application (M.A No.5369/2015) filed under section 426 r/w 561-A Cr.P.C, the appellant seeks his release on bail by suspending sentence during pendency of instant appeal, as according to learned counsel for the appellant, there is no possibility that instant appeal would be taken up for regular hearing in near future at an early date, keeping in view the pendency of large number of criminal cases pending at Sindh High Court Sukkur bench. Learned counsel for the appellant submits that impugned Judgment suffers from material contradictions in prosecution evidence and illegalities, whereas, the sentence awarded to the appellant is short one i.e 4 years and six months and fine of Rs. 20,000/- in case of default to pay fine , he shall undergo S.I for five months more. Per learned counsel, the appellant was granted bail during trial and has no previous criminal record, who has six children and wife to look after, therefore requests that by suspending the sentence, the appellant may be released on bail subject to furnishing surety. In support of his contention he has placed reliance on cases of Nazeer Ali alias Nazeer Versus The state reported in 2011 Y L R 403 and Noor Ahmed Versus The State reported in 2016 Y L R 388.

2. Learned A.P.G, in view of above cited judgments and the short sentence awarded to the appellant could not controvert the contention of learned counsel of the appellant and has extended his no objection to the grant of bail to the appellant by suspending sentence.

3. Record shows that appellant has no previous criminal record whereas, he has been convicted under section 9 (c) Control of Narcotic substances Act,1997 and sentenced to undergo 4 years six months and to pay fine of Rs. 20,000/- and in case of default to pay the fine, to undergo further S.I for 5 months. Alleged quantity of recovery of narcotic substance 1200 grams is border line case, whereas, sentence awarded is short sentence and the appellant was on bail during trial. Accordingly, listed application (M.A No.5369/2015) is granted, the sentence awarded to the appellant is suspended. Appellant is admitted on bail subject to furnishing solvent surety in the sum of Rs. 100,000/- (Rupees one lac) and P.R bond in the like amount to the satisfaction of Additional Registrar of this Court.

JUDGE

Irfan/PA

ORDERSHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cons. Petition No.D-4742 of 2015

__________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE __________________________________________________________

Present:

Mr. Justice Aqeel Ahmed Abbasi &

Mr. Justice Ghulam Qadir Leghari. 23-12-2015.

Petitioner Jhando Khan Jarwar in person.

O R D E R

Aqeel Ahmed Abbasi J. Through instant petition the petitioner has alleged that respondents No.3 and 4 have not received the nomination form of petitioner for the seat of Chairman of Union Council Kotri Muhammad Kabir in spite of the fact that petitioner is entitled to contest election and has complied with other codal formalities in this regard.

2. Notices were issued to the respondents as well as A.A.G, pursuant to which comments have been filed by respondent No.4 along with annexures wherein the allegations as contained in this petition have been seriously denied and controverted, whereas, it has been stated that the petitioners has filed his nomination form for seat of Member District Council, Union Council Kotri Muhammad Kabir District Naushehro Feroze, which has been duly accepted by the Returning Officer, and his name has been inducted in Form-VI as well as Form-VII of validly nominated candidates at serial No.4. It has been further stated in the comments that petitioner neither approached the respondents nor submitted any nomination form for the seat of Chairman Union council Kotri Muhammad Kabir district Naushero Feroze as per election schedule and has filed instant petition malafidely, after the expiry of date for filing of such nomination papers, objections and even the date of scrutiny of nomination papers by the Returning Officer whereas, Form-VII in respect of election seats has also been issued.

3. Learned A.A.G has raised an objection as to maintainability of instant petition on the ground that the petitioner did not disclose the complete true facts nor has availed the remedy as provided in terms of Sindh Local Counsel Election Rules, 2014. Moreover, according to learned A.A.G there is specific denial by the respondents as to the allegations of petitioner and it has been stated that petitioner never approached the concerned Returning Officer to submit his nomination form for the seat of Chairman Union Council Kotri Muhammad Kabir district Naushehro. It has been further contended that nothing has been placed on record to support the allegations of petitioner nor even the challan required to be deposited at the time of filing nomination paper has been enclosed with instant petition.

4. While confronted with herein-above factual and legal position as stated by learned A.A.G, and the comments as filed on behalf of the respondents, wherein the allegation as contained in the instant petition have been categorically denied, the learned counsel for petitioner could not satisfactorily respond to such objections and has contended that he approached the Returning Officer for filing his nomination, however such nomination form was not accepted by the respondents on the ground that his vote is listed in some other constituency.

5. We have heard the petitioner , learned A.A.G and also perused the record which reflects that the petitioner has not enclosed any document or material to support his allegation that he approached the Returning officer within the prescribed period to submit his nomination paper for the seat of Chairman Union Council Kotri Muhammad Kabir along with other requisite documents including the paid challan nor the petitioner, who is an advocate by profession, did file any objections or appeared before the concerned authorities in terms of Sindh Local Council Election Rules,2014. The allegations of petitioner have been specifically denied and controverted by respondents, whereas, it has also come on record that the nomination of petitioner in respect of seat for Member District Council, Union Council Kotri Muhammad Kabir district Naushehro Feroze has been duly accepted by the same Returning Officer without any objection which fact has not been disclosed by the petitioner in his petition.

6. In view of facts and circumstances of the case, we are of the opinion that the instant petition is misconceived and not maintainable as seriously disputed facts have been agitated whereas no material or evidence has been produced by the petitioner to support the allegations as contained in the instant petition. Moreover, the petitioner has not availed the remedy as provided under the relevant law/rules for redressal of his grievance.

7. Accordingly, instant petition being misconceived was dismissed in limine by our short order passed in Court in the morning and these are reasons for such short order.

JUDGE

Irfan/PA JUDGE