JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl. Acquittal Appeal.No.D-21 of 2022.

(Ghulam Shabir Vs. Ghulam Murtaza & others)

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DATE                        ORDER WITH SIGNATURE OF HON’BLE JUDGE

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                                                                                                                                                            Before:

                                                                                            Mr. Justice Irshad Ali Shah.

                                                                                           Mr. Justice Arbab Ali Hakro.

 

For hearing of main case.

17.05.2023

 

                        Mr. Athar Abbas Solangi, Advocate for the appellant.

M/S. Razi Khan Chandio & Abdul Rehman Bhutto, Advocate for the private respondents.

                        Mr. Ali Anwar Kandhro, Addl.P.G for the State

 

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                        The facts in brief necessary for disposal of instant criminal acquittal appeal are that an FIR with regard to murder of his son and misappropriation of his belongings was lodged by the appellant with P.S Pakho against unknown culprits. On investigation, the names of the private respondents transpired and they were challaned accordingly; when they were about to be charged formally for the said incident, learned 1st Additional Sessions Judge, Qamber, acquitted them under Section 265-K Cr.PC vide order dated 16.09.2021, which is impugned by the appellant before this Court by preferring the instant criminal acquittal appeal.

2.                     It is contended by learned counsel for the appellant that on arrest from the private respondents, the belongings of the deceased were secured and they on the basis of very honest investigation were challaned; they ought not to have been acquitted by learned trial Court without recording evidence or filing of formal application for their acquittal by them. By contending so, he sought for setting of impugned order with direction to learned trial Court to proceed with the case against the private respondents further in accordance with law. 

3.                     Learned Addl.P.G for the State did not support the impugned order. However, learned counsel for the private respondents by supporting the impugned order have sought for dismissal of the instant criminal acquittal appeal by contending that there was no probability or possibility of conviction of the private respondents, therefore, they have rightly been acquitted by learned trial Court.

4.                     Heard arguments and perused the record.

5.                     It is prescribed by Section 526 (8) Cr.PC that if any party intimates to the Court at any stage that he intends to make an application for transfer of his case, then it shall not require the Court to adjourn the case but, the Court shall not pronounce its final judgment or order until the transfer application has been disposed of finally by the High Court. In the instant matter, as is evident of the impugned order; the appellant intimated learned trial Court about filing of transfer application before High Court by providing such copy; such intimation was ignored without lawful justification and acquittal of the private respondents was recorded then and there without providing chance to the appellant of hearing his counsel, which is also against the mandate contained by Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973, which prescribes right of fair trial; the acquittal of the private respondents obviously was contrary to the prohibition contained by Section 526(8) Cr.PC. In these premises, the impugned order being illegal is set aside, with direction to learned trial Court to proceed with the case further in accordance with law.

6.                     The private respondents were enjoying concession of bail at trial; they may enjoy the same concession subject to their furnishing fresh surety in sum of Rs.200,000/- each and P.R bond in the like amount to the satisfaction of learned trial Court.

7.                     The instant criminal acquittal appeal is disposed of accordingly.                                                                                                                                                                                                                                                 JUDGE                                                                                                                                                                                                                             JUDGE