IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

       Crl. Bail Appln. No.S–443 of 2023

                 

 

 

DATE OF

HEARING

 

ORDER WITH SIGNATURE OF JUDGE.

                                  

 

                                                                                

                                1. For orders on O/objection at flag-A

                                2. For hearing of bail application.

                                                                             

06.11.2023

 

Mr. Mehfooz Ahmed Awan, Advocate for applicant alongwith applicant (on bail).

 

Syed Sardar Ali Shah, Addl. Prosecutor General alongwith along DSP Illah Bix Soomro (Retired), SIP Yasir Khoso and SIP Sohail Abbas.

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Applicant Asif Ali Korai is present on interim pre-arrest bail. Tentatively it appears that the matter is not investigated properly on one or the other reason presumption is that the Investigating Officers are supporting the accused person. Both I.Os, namely, SIP Yasir Khoso and SIP Suhail Abbas are blaming each other. DSP Illahi Bux Soomro is in attendance submitted statement alongwith certain documents; taken on record. Counsel for applicant place on record order dated 16.06.2023 passed by this Court in bail applications of co-accused alongwith statement dated 25.08.2023 wherein this Court observed as under;

 

“Keeping in view the observation; I have made above, one thing which is apparent in my mind is that there has been negligence on the part of police and the jail authorities. I.G. Prisons Sindh and I.G. Sindh are both directed to conduct on extensive and thorough inquiry into this matter and take necessary departmental action against all officers found delinquent.”

 

Under these circumstances, Home Secretary Govt. of Sindh is directed to constitute a JIT comprising on three members headed by SSP Amjad Ali Shaikh and two DSP’s who shall conduct an investigation a fresh, examined entire material collected earlier which includes the departmental inquiry carried out under the orders of this Court and furnish such report before this Court within 15 days. The JIT constituted by the Home Secretary shall also examine the conduct of previous investigating officers named above in the matter. In case compliance is not made, the Home Secretary Govt. of Sindh shall be in attendance before this Court on the next date.

 

Mr. Mehfooz Ahmed Awan, counsel for applicant has pointed that the order passed by the Magistrate for taking cognizance against the applicant and the doctor has been impugned by Dr. Muhammad Faisal in Crl. Misc. Application No.S-421/2023 before this Court and the same order has been suspended by this Court.

To come-up on 20.11.2023 to be taken-up at 11:00 a.m. the attendance of officials in attendance is dispensed with till further orders. Office is directed to communicate copy of this order to Home Secretary, Govt. of Sindh, Karachi. Copy of this order may also be provided to learned Additional Prosecutor General for compliance.

 

         

                                                                                           J U D G E

 

 

 

 

 

 

 

 

 

 

                                                                                             

 

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