ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.D-10 of 2023

(Ghous Bux & others v. The State).

DATE                         ORDER WITH SIGNATURE OF JUDGE

Before:

                                               Mr. Justice Irshad Ali Shah.

                                                                                              Mr. Justice Arbab Ali Hakro.

For hearing of bail application.

18.04.2023.

Mr. Muhammad Afzal Jagirani, Advocate for applicants.

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

                                                 -.-.-.-.-.-.-.-.-.-

The facts in brief necessary for disposal of instant application are that the applicants with rest of the culprits, after having formed an unlawful assembly and in prosecution of its common object, deterred the police party of P.S Mahi Makol, led by ASI Imtiaz Ali from discharging its lawful duty from arresting absconding accused Rustam by using criminal force, for that they were booked accordingly. On being booked, they sought for interim pre-arrest bail; it was granted to them; subsequently, while making disposal of such application, it was observed by learned Sessions Judge, Qamber-Shahdadkot @ Qamber that the offence against the applicants falls within the ambit of Anti Terrorism Act, 1997. By making such observation, he took the applicants in custody and directed the police to take the police papers from the Magistrate having jurisdiction and to submit the same/charge sheet against the applicants before ATC having jurisdiction vide order dated 10.04.3023, which is impugned by the applicants before this Court by way of instant application under Section 497 r/w Section 561-ACr.PC.

2.         It is contended by learned counsel for the applicants that no charge sheet against the applicants has been submitted by the police to any of the Court till now; therefore, their custody is illegal. By contending so, he sought for release of the applicants on bail or otherwise.

3.         Learned Addl.P.G for the State was fair enough to say that the charge sheet against the applicants has not yet been submitted by the police before any of the Court for further proceedings.

4.         Heard arguments and perused the record.

5.         In absence of submission of charge sheet/challan before any of the Court, the custody of the applicants obviously is illegal; therefore, they are directed to be released on bail for twenty days in order to enable them to seek pre-arrest bail or otherwise form the Court which is expected to take cognizance of offence against them, subject to their furnishing surety in the sum of Rs.25,000/- each and P.R bond in the like amount to the satisfaction of Additional Registrar of this Court. 

6.         The instant application is disposed of accordingly.    

JUDGE

JUDGE