ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Transfer Application No.S-97 of 2018.

Date	Order with signature of Judge

1. Forhearing of main case.

2. For Orders on MA No. 4009/2018.

27-07-2018.

Mr. ShamsuddinKobhar advocate for applicant.

Mr. Abdul RehmanKolachi, Deputy Prosecutor General.

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Mr. Mumtaz Ali Naichadvocate files power on behalf of respondent No.1, which is taken on record. Respondent No. 3 Arbelo is present in person.

Learned counsel for the applicant submits that the case is fixed for recording statement of accused u/s 342 CrPCsince 20-06-2016, but trial Court is avoiding to record the statement of accused, inspite of the fact that this Court has issued directions to the trial Court to dispose of the case within two months vide order dated 28-08-2017.

Learned counsel for the respondent No.1 states that respondent No. 1 is suffering from cancer disease and due to health issue, respondent No. 1 is not in position to record his statement u/s 342 CrPC as he is not in senses. However he has given the consent that he has no objection, if trial Court may be directed to dispose of the case within one month.

Learned Deputy Prosecutor General has recorded no objection for such proposal of learned counsel for respondent No. 1.

In the light of statement of learned counsel for respondent No. 1, learned counsel for the applicant is satisfied with the proposal of learned counsel for respondent No.1 and does not press the instant Cr. Transfer Application.

In view of above, the instant Cr. Transfer Application stands disposed of. However, learned trial Court is directed to dispose of the case within a period of one month and learned trial Court is at liberty to decide the fate of bail application of accused in accordance with law. Order accordingly.

Judge

Nasim/P.A