ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Cr. Bail Application No.S-538 of 2023
|
Date |
Order with signature of Judge |
1. For orders on office objection -A.
2. For hearing of bail application.
13.11.2023.
Mr. Ahmed Bux Abro, advocate for the applicant.
Mr. Ali Anwar Kandhro, Additional Prosecutor General, Sindh
--------------
Pursuant to directions issued under earlier order, trial court/3rd Additional Sessions Judge, Shikarpur has submitted progress report and status of the trial in respect of Sessions Case No.484 of 2018 re: State v. Mumtaz and others, which reveals that after framing of first charge amended charge was framed on 29.8.2022 and many witnesses including complainant have been examined however, from lost many consecutive dates the counsel for accused is avoiding to appear or sending adjournment applications therefore, it has not been concluded. Before parting with the order it would be appropriate to reproduce the Para(s) 03 to 05 of the report which are reproduced here under:-
“It is further submitted before your honour that on 29.8.2022 amended charge against accused Mumtaz and Muzafar was framed by 5th ADSJ, Shikarpur thereafter evidence of complainant Dadan, PW Barkat Ali and examination in chief of ASI Atta Hussain Shah, Tapedar Pir Bakhsh, Dr. Zuhaib Ali Shah, WHC Muhammad Hashim Tanwri, PC Sahib Khan, PC Khalique Dad, SIP/SIO Syed Imdad Ali Shah, mashir Ali Akbar recorded by learned V-ADSJ, Shikarpur but their cross-examination was reserved on the adjournment application of learned counsel for accused thereafter case was received to this court from the Court of learned V-ADSJ, Shikarpur on administrate grounds.
It is further submitted that BA No.63/2023 of accused Mumtaz son of Walidad, by caste Panhwar was declined by this Court vide order dated 02.09.2023 on merit and case was adjourned to 23.09.2023. On 23.09.2023 no PW was present and matter was adjourned to 07.10.2023 for evidence. On 07.10.2023, learned counsel for accused Mumtaz called absent and his associate filed adjournment application and same was allowed in the interest of justice and matter was adjourned to 21.10.2023. On 21.10.2023, learned counsel for accused Mumtaz called absent but his associate was present and filed adjournment application and same was allowed in the interest of justice and matter was adjourned today viz. 03.11.2023.
It is further submitted before your honour that today viz. 03.11.2023, learned counsel for accused Mumtaz was called absent but his associate filed adjournment application stating therein that his counsel is busy at Karachi and same was allowed in the interest of justice and matter adjourned to 16.11.2023, for evidence. Now matter is fixed on 16.11.2023 for evidence’.
In the circumstances and in view of above factual position of the record no case for bail is made out therefore, instant bail application is hereby dismissed however, trial court is hereby directed to expedite the trial and conclude it within three months time under intimation to this Court.
A copy of order shall be sent to the trial court through learned Sessions Judge, Shikarpur for compliance.
JUDGE
S.Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
1st. Cr. Bail Application No.S- 575 of 2023
1st. Cr. Bail Application No.S- 473 of 2023
|
Date |
Order with signature of Judge |
1. For orders on office objection -A.
2. For hearing of bail application.
10.11.2023.
Mr. Muhammad Afzal Jagirnai, advocate for the applicants.
Mr. Ali Anwar Kandhro, Additional Prosecutor General, Sindh
Mr. Farooque Ali Bhutto, Advocate for the complainant.
--------------
As reported the injured Hadi Bux is still under treatment therefore, the final medico legal certificate has not been issued by the concerned MLO. The I.O/SIP, Abdul Rashed Brohi P.S, Sadar, present submits that since the injured has not been discharged by the hospital authorities therefore, he is unable to submit the final challan. I.O present is directed to remain present before the court on the next date along-with complete police papers as well medical evidence. Meanwhile, notice be issued to Dr. Sabghatullah, MLO.
A copy of order shall be sent by Fax to DHO, Jacobabad for compliance.
To come up on 27.11.2023.
J U D G E
S.Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
1st. Cr. Bail Appln. No.S- 519 of 2023
Cr. Bail Application No.S- 528 of 2023
|
Date |
Order with signature of Judge |
1. For orders on office objection -A.
2. For hearing of bail application.
10.11.2023.
Mr. Naseer Ahmed Wagan Advocate a/w applicants (on bail) in Cr. B.A No.519 of 2023.
M/s Muhammad Sohail Kalhoro and Ghulam Ali Abbasi, advocates for applicant in Cr. B.A.No.S-528 of 2023.
Mr. Gul Muhammad Pathan, Advocate a/w complainant.
Mr. Ali Anwar Kandhro, Additional Prosecutor General, Sindh --------------
By consent and as suggested adjourned to 29.11.0223.
J U D G E
S.Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
1st. Criminal Bail Application No. S- 519 of 2023
|
Date |
Order with signature of Judge |
1. For orders on office objection-A.
2. For hearing of bail application.
10.11.2023.
Mr. Atta Hussain Chandio, advocate for the appellant.
Mr. Ali Anwar Kandhro, Additional Prosecutor General for the State. ---------
At the request of learned counsel for the appellant adjourned to 23.11.2023.
J U D G E
s.ashfaq/-
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Criminal Appeal No. S- 62 of 2023
|
Date |
Order with signature of Judge |
For hearing of main case.
10.11.2023.
Mr. Atta Hussain Chandio, advocate for the appellant.
Mr. Ali Anwar Kandhro, Additional Prosecutor General for the State. ---------
At the request of learned counsel for the appellant adjourned to 23.11.2023.
J U D G E
s.ashfaq/-
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Criminal Acquittal Appeal No. S- 70 of 2019
|
Date |
Order with signature of Judge |
1. For orders on office objection-A.
2. For hearing of main case.
10.11.2023.
Mr. Ali Anwar Kandhro, Additional Prosecutor General for the State. ---------
Respondents No.1 to 4 are present in person whereas; respondent No.5 is called absent. Respondent No.1, states that respondent No.5 has gone out of station however, he will be appear on the next date of hearing.
Syed Lal Shah, advocate holding brief for Mr. Habibullah G. Ghouri, advocate for the appellant requests for adjournment as the latter is out of station. Mr. Jawed Ahmed Soomro, Advocate holding brief for Mr. Athar Abbas Solangi, Advocate for the respondents No. 1 to 5 as the latter is on general adjournment.
By consent adjourned to 04.12.2023.
J U D G E
s.ashfaq/-
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Criminal Misc. Application No. S-130 of 2019
Criminal Misc. Application No. S-19 of 2020
Criminal Misc. Application No. S-208 of 2022
|
Date |
Order with signature of Judge |
1. For orders on office objection-A.
2. For hearing of main case.
10.11.2023.
Mr. Ali Anwar Kandhro, Additional Prosecutor General for the State. ---------
Mr. Jawed Ahmed Soomro, Advocate holding brief for Mr. Athar Abbas Solangi, Advocate for the applicant in Cr.Misc.A.No.S-19/2020 and Cr. Misc. A. No.S-130 of 2019 as the latter is on general adjournment while Mr. Rafique Ahmed K Abro, Advocate holding brief for Mr. Muhammad Ali Naper, Advocate for the applicant in Cr. Misc. A. No.S-208 of 2022 also requests for adjournment as the latter is out of station.
By consent adjourned to 11.12.2023.
J U D G E
`
s.ashfaq/-
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Criminal Jail Appeal No. S- 55 of 2021
|
Date |
Order with signature of Judge |
For hearing of main case.
10.11.2023.
Mr. Ali Anwar Kandhro, Additional Prosecutor General for the State. ---------
None present for the appellant. Let appellant be asked through Senior Superintendent, Central Prison, Larkana, whether appellant wish to engage an Advocate of his choice or he needs assistance of an Advocate on State expenses.
Adjourned to 11.12.2023.
J U D G E
`
s.ashfaq/-
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Criminal Jail Appeal No. S- 05 of 2022
|
Date |
Order with signature of Judge |
For hearing of main case.
10.11.2023.
Mr. Ali Anwar Kandhro, Additional Prosecutor General for the State. ---------
The appellant by making an application through Jail is requesting for appointment of an advocate for him on State expenses. Mr. Shakeel Ahmed G. Ansari, Advocate, is appointed as an advocate for him on State expenses. His fees is fixed Rs.50,000/-, (Rupees Fifty thousand only), to be paid to him after disposal of the appeal. Office is directed to provide copy of paper book to Mr. Shakeel Ahmed G. Ansari, to make preparation.
Adjourned to a date in office.
J U D G E
`
s.ashfaq/-
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Cr. Acq. No. D- 33 of 2022
|
Date |
Order with signature of Judge |
1. For orders on office objection-A.
2. For hearing of main case.
10.11.2023.
Mr. Bahadur Ali Shahani, Advocate for the respondents along with respondents.
Mr. Ali Anwar Kandhro, Additional Prosecutor General, Sindh
---------
Syed Lal Shah, advocate holding brief for Mr. Habibullah G. Ghouri, advocate for the appellant requests for adjournment as the latter is out of station. By consent adjourned to 14.12.2023.
JUDGE
Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Constt. Petition No. D- 696 of 2023
|
Date |
Order with signature of Judge |
1. For orders on MA No.2397 of 2023. U/A.
2. For orders on office objection-A.
3. For hearing of main case.
08.11.2023.
Mr. Imtiaz Ahmed Bhatti, Advocate/ petitioner in person.
---------
1. Urgency disposed of.
2&3. Learned counsel is put on notice to satisfy the court on the maintainability of this petition.
JUDGE
JUDGE
Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Constt. Petition No. D- 696 of 2022
|
Date |
Order with signature of Judge |
1. For orders on MA No.2397 of 2023. U/A.
2. For orders on office objection-A.
3. For hearing of main case.
08.11.2023.
Mr. Imtiaz Ahmed Bhatti, Advocate/ petitioner in person.
---------
1. Urgency disposed of.
2&3. Learned counsel is put on notice to satisfy the court on the maintainability of this petition.
JUDGE
JUDGE
Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Constt. Petition No. D- 694 of 2022
|
Date |
Order with signature of Judge |
1. For orders on MA No.2387 of 2023. U/A.
2. For orders on office objection-A.
3. For orders on MA No.2388 of 2023. E/A.
4. For hearing of main case.
08.11.2023.
Mr. Gul Muhammad Pathan, Advocate for the petitioner.
---------
1. Urgency disposed of.
2. Office objections to be addressed within ten days.
3. Exemption is granted subject to all just exceptions.
4. Issue notice to learned Deputy Attorney General for Pakistan and the respondents for 05.12.2023.
JUDGE
JUDGE
Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Constt. Petition No. D- 697 of 2023
|
Date |
Order with signature of Judge |
1. For orders on MA No.2398 of 2023. U/A.
2. For orders on office objection-A.
3. For orders on MA No.2399 of 2023. E/A.
4. For hearing of main case.
08.11.2023.
Mr. Wakeel Ali Shaikh, Advocate for the petitioner.
---------
1. Urgency granted.
2. Office objections to be addressed within ten days.
3. Exemption is granted subject to all just exceptions.
4. Learned counsel submits that father of the petitioner namely Abdul Nabi Soomro, was serving in Sindh Education Department as Assistant Workshop Instructor (AWI) and he died during his service on 21.7.2021. The petitioner being elder son of the deceased employee has approached to the respondents for his appointment on the basis of deceased quota but of no avail. In support of his contentions he has annexed copy of service book as well as other relevant documents including family tree however, the respondents have not considered his case.
Be that as it may, let notice be issued to learned Additional Advocate General, Sindh and the respondents for 28.11.2023 to be taken up at 12:00 Noon.
Copy of order be provided to learned Additional Advocate General, Sindh for correspondence and compliance.
JUDGE
JUDGE
Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Constt. Petition No. D- 698 of 2023
|
Date |
Order with signature of Judge |
1. For orders on MA No.2403 of 2023. U/A.
2. For orders on office objection-A.
3. For orders on MA No.2404 of 2023. E/A.
4. For hearing of main case.
08.11.2023.
Mr. Muhammad Aslam H. Jatoi, Advocate for the petitioner.
---------
1. Urgency granted.
2. Office objections to be addressed within ten days.
3. Exemption is granted subject to all just exceptions.
4. Let notice be issued to learned Additional Advocate General, Sindh and the respondents for 06.12.2023.
JUDGE
JUDGE
Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Constt. Petition No. D- 694 of 2022
|
Date |
Order with signature of Judge |
1. For orders on MA No.2387 of 2023. U/A.
2. For orders on office objection-A.
3. For orders on MA No.2388 of 2023. E/A.
4. For hearing of main case.
08.11.2023.
Mr. Gul Muhammad Pathan, Advocate for the petitioner.
---------
1. Urgency disposed of.
2. Office objections to be addressed within ten days.
3. Exemption is granted subject to all just exceptions.
4. Learned counsel submits that the respondents had imposed deduction charge amounting to Rs.20,00063/- however, the petitioner approached to respondents and upon directions of Chief Executive Officer, SEPCO, the SDEO, Operation Sub-Division, SEPCO Jinnah Bagh, Larkana vide letter No.SDO/SDC/JB/2857 dated 11.10.2023 submitted that no tampering whatsoever has been found on the site in the installed meter. Inspite of that they are not issuing the actual bill hence, they may be directed to issue fresh-cum-correct bill as per reading of the meter so that petitioner may be able to deposit.
Be that as it may, issue notice to learned Deputy Attorney General for Pakistan and the respondents for 05.12.2023.
JUDGE
JUDGE
Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Constt. Petition No. D-684 of 2021
|
Date |
Order with signature of Judge |
1. For orders on office objection.
2. For orders on MA No.110 of 2021. E/A
3. For orders on maintainability of main case.
08.11.2023.
Mr. Waqar Ahmed Chandio, Advocate for the Petitioner.
Mr. Abdul Hamid Bhurgri, Additional Advocate General, Sindh a/w Orangzeb Samo, Regional Director, Local Government, Larkana, Raza Hussain Khoso, Municipal Commissioner, Larkana, Miandad Lolai, Accounts Officer, Larkana Municipal Corporation.
Mr. Arif Ali Kalhoro, Advocate for the respondent No.4.
---------
While arguing the petition on behalf of respondents Mr. Arif Ali Kalhoro submits that Provincial Government in order to regularize the services rules for the employees of Sindh Council Unified Grades had promulgated Rules and vide Rule 26 the employee of the Council shall draw his benefits as well as retirement benefits from the place where he was appointed, therefore, the respondents are not responsible to pay the same as claimed. Confronted with above the counsel for the petitioner places his reliance upon The Sindh Govt. Gazzette and its notifications promulgated/ published by the authority on March, 12, 2020 and refers to the Rule 28 which reads as under:-
Rule 28. “Pension. Where a member of the service retires and is on retirement eligible to pension, he shall draw his pension from the Sindh Councils Unified Grades Pension Fund.
Therefore, the petitioner lastly worked with Larkana Municipal Corporation /respondent No.4 a s such he is entitled to have pensionary benefits from the Corporation. Mr. Abdul Hamid Bhurgri, Additional Advocate General, Sindh appearing for the official respondents refers to comments which he filed on behalf of respondent No.1 through his statement dated 27.10.2023 and draws attention of the Court towards order passed by Secretary Sindh Local Board hence the respondent No.4 is responsible to pay all the benefits to the petitioner from its sources.
We have gone through the averments as well as documents and the law produced before the Court today. Before parting with the order it will be appropriate to reproduce the order dated 27.8.2021 passed by Secretary, Local Government Department, which reads as under:-
GOVERNMENT OF SINDH
LOCAL GOVERNMENT DEPARTMENT
(SINDH LOCAL GOVNEMNT BOARD)
No.SLGB/AOP-1649/SCUG/2021/162
Karachi dated the 27.08.2021
Order:
In partial modification to this Department’s Order No.SLGB/AOP-1649/SCUG/2021/119, dated 2707.2021, Mr. Niaz Hussain Jalbani BPS-18/ SCUG), retired Accounts Officer, L M C Larkana is hereby allowed to draw commutation as verified by Director, Local Fund Audit Sindh vide letter No.LFA-II-Pen(SCUG)/876 dated 1307.2021 out of the fund of LMC, Larkana instead of SCUG pension fund.
SECRETARY TO GOVERNMENT OF SINDH
Copy forwarded for information and necessary action to….
1. The Director Local Fund Audit Sindh Karachi
2. The Deputy Director Local Government Larkana
3. The administrator/Municipal Commissioner, LMC, Larkana
4. The Administrative Officer (Accounts Br.), SLGB.
5. Mr. NiazHussainn Jalbani, R/o. H. NO.RKV-371/1, Mehran Dipo Road, Model colony, Karachi.
6. O.O file/V r file.
When confronted with above legal-cum-factual position duly admitted by the respondents on record learned counsel for the respondent No.4 seeks time to place on record a cheque/ pay order in favour of the petitioner within seven days’ time, which is not opposed by other side.
By consent and as suggested adjourned to 15.11.2023 to be taken up at 11:30 AM.
JUDGE
JUDGE
Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Constt. Petition No. D- 843 of 2022
|
Date |
Order with signature of Judge |
1.For orders on office objection.
2. For hearing of main case.
08.11.2023.
Mr. Nazir Ahmed Kolachi, Advocate a/w Petitioner.
Mr. Abdul Hamid Bhurgri, Additional Advocate General, Sindh
a/w. Iftikhar Ali, Junior Auditor, on behalf of District Accounts Officer, Larkana and Abdul Jabar Butt, AEO/ Focal Person, on behalf of District Officer Education, Primary Larkana.
---------
By order dated 17.10.2023 the respondents No.3 to 6 were directed to remain present along-with complete record pertaining to the service of the petitioner. Today learned AAG files statements of respondents No.04 and 06, taken on record, copies whereof provided to learned counsel for the petitioner who seeks time to go through the same whereas;, respondents No.3 and 5 are not in attendance. Perusal of file reveals that a copy of order was facsimiled to them on 18.10.2023 and such letter was also written by learned Additional Advocate General, Sindh. The petitioner stood retired in the year 2008 and more than 15 years have passed but his pensionary benefits have not been paid. Inspite of specific directions the respondents have submitted evasive replies which shows that they have no interest or concern with their ex employees. In the circumstances, ten days time is granted to Respondents No. 03 to 06 to work out the case papers pertaining to the pensionary benefits of the petitioner and submit before the Court on the next date of hearing without fail. In case of failure it shall be deemed defiance of the court orders and then the action shall also be taken against them.
To come up on 22.11.2023 to be taken up at 11:30 AM.
JUDGE
JUDGE
Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Constt. Petition No. D- 223 of 2022
|
Date |
Order with signature of Judge |
For non prosecution.
08.11.2023.
None present for the petitioner.
---------
Instant petition has been listed by the office today before the Court for non-prosecution as the petitioners’ counsel has not supplied the requisite sets as well as process fee to the office. Let direct notice be issued to the petitioners and intimation notice to their counsel.
To come up on 06.12.2023.
J U D G E
J U D G E
S.Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Constt. Petition No. D- 472 of 2021
|
Date |
Order with signature of Judge |
FOR NON-PROSECUTION
08.11.2023.
None present for the petitioner.
---------
Instant petition has been listed by the office today before the Court for non-prosecution as the petitioner’s counsel has not supplied the requisite sets as well as process fee to the office. Let direct notice be issued to the petitioner and intimation notice to his counsel.
To come up on 06.12.2023.
JUDGE
JUDGE
S.Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Constt. Petition No. D- 77 of 2020
|
Date |
Order with signature of Judge |
For non prosecution.
08.11.2023.
Mr. Faiz Muhammad Larik, Advocate for the petitioner.
---------
Instant petition has been listed by the office today before the Court for non-prosecution as the petitioner’s counsel has not supplied the requisite sets as well as process fee to the office. When confronted learned counsel seeks time for compliance. At his request ten days time is granted for compliance.
To come up on 06.12.2023.
J U D G E
J U D G E
S.Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Constt. Petition No. D- 893 of 2022
|
Date |
Order with signature of Judge |
For non prosecution.
08.11.2023.
Mr. Faiz Muhammad Larik, Advocate for the petitioner.
Mr. Abdul Hamid Bhurgri, Additional Advocate General, Sindh ---------
Instant petition has been listed by the office today before the Court for non-prosecution as the petitioner’s counsel has not supplied the requisite sets as well as process fee to the office. Mr. Faiz Muhammad Larik, present and submits that the petitioner has taken away file form his office therefore, he is no more his Advocate and submits that his name may be scored off from title cover of the file as well as future cause list viz-a-viz CP.No.D-893 of 2022. Order accordingly. Let direct notice be issued to the petitioner with direction to remain present before the Court.
To come up on 19.12.2023.
J U D G E
J U D G E
S.Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Constt. Petition No. D- 1086 of 2022
|
Date |
Order with signature of Judge |
1. For orders on office objection.
2. For hearing of main case.
08.11.2023.
Mr. Abdul Hamid Bhurgri, Additional Advocate General, Sindh ---------
Mr. Ahmed Ali G. Boohar, Advocate holding brief for Mr. Zahid Hussain Chandio, Advocate for the petitioners submits that purpose of filing of this petition has been served therefore, he under instructions does not wish to press this petition, which is not opposed by learned Additional Advocate General, Sindh. Accordingly, the same is dismissed along with pending applications, if any, as not pressed.
J U D G E
J U D G E
S.Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Constt. Petition No. D- 1085 of 2022
|
Date |
Order with signature of Judge |
1. For orders on office objection.
2. For hearing of main case.
08.11.2023.
Mr. Abdul Hamid Bhurgri, Additional Advocate General, Sindh ---------
Mr. Ahmed Ali G. Boohar, Advocate for the petitioners submits that purpose of filing this petition has been served therefore, he under instructions does not wish to press the same, which is not opposed by learned Additional Advocate General, Sindh. Accordingly, the same is dismissed along with pending applications, if any, as not pressed.
J U D G E
J U D G E
S.Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Constt. Petition No. D- 56 of 2019
Constt. Petition No. D- 106 of 2023
|
Date |
Order with signature of Judge |
For Non prosecution.
08.11.2023.
Mr. Abdul Hamid Bhurgri, Additional Advocate General, Sindh ---------
Petitioner Farooque Ahmed Mahessar, present; however, his counsel Mr. Blosch Ahmed Junejo, as intimated by Mr. Shakeel Ahmed G. Ansari, advocate is busy before Principal seat of this Court at Karachi, therefore, seeks time, which is not opposed by learned Additional Advocate General, Sindh.
Adjourned to 13.12.2023. J U D G E
J U D G E
S.Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Cr. Appeal No.D- 20 of 2023
|
Date |
Order with signature of Judge |
1. For orders on office objection-A
2. For hearing of main case.
3. For hearing of MANo.1689 of 2023. 426 Cr.PC.
07.11.2023.
Mr. Habibullah G. Ghouri, Advocate for the appellants.
Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh. --------------
Complainant namely Mst. Azeeman as well as her daughter abductee Mst. Rubina, are present in Court and file their affidavits dated 07.11.2023 duly sworn in office today, taken on record. In their respective affidavits both the ladies have extended their no objection on the ground that they have patched up with the appellants outside the Court. Since with which offence the appellants are charged are not compoundable; besides, the complainant as well as abductee/ victim had deposed against the appellants before the trial court as such at this juncture their affidavits for extending no objection are not tenable, accordingly, same are hereby rejected. Let appeal be fixed for regular hearing on merits on 05.12.2023 to be taken up at 11:30 AM.
J U D G E
J U D G E
S.Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Constt. Petition No.D- 674 of 2023
|
Date |
Order with signature of Judge |
1. For orders on office objection-A
2. For orders on maintainability of main case.
07.11.2023.
Mr. Saeed Ahmed Panhwar, Advocate for the petitioner.
Mr. Abdul Hamid Bhurgri, Additional Advocate General, Sindh a/w Hassan Jan Changezi, District Accounts Officer, Dadu/ Respondent No.7, Abdul Hameed Khooharo, DHO, Dadu, Waka Hussain, D.G. Health, Hyderabad, Farook Ahmed Director, Health Services, and Dr. Hidayat KHoso, Medical Superintendent, Civil Hospital Mehar.
--------------
Learned Additional Advocate General, Sindh submits comments as well as statements on behalf of respondents No. 5 and 7, taken on record. The statements are supported with set of documents including verdict of the Apex Court. Copy whereof provided to learned counsel for the petitioner. Upon receipt of same he seeks time to submit rebuttal in shape of affidavit in rejoinder.
By consent and as suggested adjourned to 21.11.2023 at 12:00 Noon.
DHO, Dadu present, undertakes to ensure appearance of their Focal person for assistance of learned AAG Sindh. Appearance of officials present in Court is dispensed with till further orders.
Let a copy of this order be provided to learned Additional Advocate General, Sindh for correspondence and compliance. The Additional Registrar of this court is directed to ensure compliance of the Order.
J U D G E
J U D G E
S.Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Constt. Petition No.D- 758 of 2022
|
Date |
Order with signature of Judge |
1. For orders on office objection-A
2. For orders on maintainability of main case.
07.11.2023.
Mr. Sajid Hussain Mahessar, Advocate for the petitioner.
Mr. Abdul Hamid Bhurgri, Additional Advocate General, Sindh.
--------------
At the very outset learned Additional Advocate General, Sindh submits that respondents No.1 to 4 and 7 being relevant, inspite of specific directions as well as notices have failed to submit their requisite comments. Therefore, he is not in position to assist the Court. Let fresh notice be issued to respondents No.1 to 4 and 7 through first three modes including fax today. In case of failure respondents No.1 to 4 and 7 shall be deemed responsible for non compliance of court orders.
A copy of this order be provided to learned Additional Advocate General, Sindh for correspondence and compliance. The Additional Registrar of this court is directed to ensure compliance of the Order.
Adjourned to 14.11.2023 to be taken up at 12:00 Noon
J U D G E
J U D G E
S.Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Constt. Petition No.D- 271 of 2023
|
Date |
Order with signature of Judge |
1. For orders on MA No.2324 of 2023. (U/A)
2. For orders on office objection-A
3. For orders on maintainability of main case.
4. For orders on MA No.2325 of 2023. S/A.
07.11.2023.
M/S. Sajid Hussain Mahessar, Rafique Ahmed K. Abro, Abdul Khalique Bughio and Imtiaz Ali Panhwar, Advocates for the petitioners.
--------------
1. Urgency granted.
2. Deferred for the time being.
3&4. Learned counsels for the petitioners submit that they are practicing advocates and are enrolled with Sindh Bar Council as Advocates of District Dadu, however, the District Bar Association, has deprived them from costing their precious vote in District Bar Association every year. They further submit that there is no impediment provided under the Pakistan Legal Practitioners and Bar Councils Rules, 1976. Besides, the petitioners have been assigned the enrolment numbers as per ledger being maintained by Sindh Bar Council as the members from District Dadu, hence, they are not only eligible but are entitle to cost their votes which cannot be snatched on any oral statement of one particular group. Per learned counsel the annual elections of District Bar Association Ddau are scheduled to be held on 2nd Saturday of December 2023; hence they are avoiding to appear and file their respective comments/ objections so that they may succeed to deprive the petitioners from costing their vote in forthcoming elections. In support of their contentions, they have placed reliance on an unreported order dated 1.3.2023 passed by a Bench of this Court at Sukkur in C.P.No.D-127 of 2023 re: Ameenuddin and another v. Pakistan Bar Council and others through its’ Vice-Chairman, Islamabad.
Be that as it may, let notice be repeated to the respondents through first three modes including Fax and Additional Advocate General, Sindh for 15.11.2023 to be taken up at 12:00 Noon.
A copy of this order be sent to learned Sessions Judge, Dadu, with direction to cause service upon the respondents No.4 to 9 and submit compliance report to this Court through Additional Registrar of this Court. The Additional Registrar of this court is ensure compliance of the Order.
J U D G E
J U D G E
S.Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Constt. Petition No.D- 167 of 2021
|
Date |
Order with signature of Judge |
1. For orders on office objection-A.
2. For orders on MA No.820 of 2021. (E/A)
3. For hearing of main case.
07.11.2023.
None present for the petitioner.
---------
Perusal of file reveals that instant petition was instituted on 25.3.2021. We have gone through the averments of the petition and found it is a public probono petition whereby the petitioner had made prayer for construction/ reconstruction of Government Boys Primary School, Loung Khan Khoso having SEMIS I.D No.402030307. Per letter No.TEO/M/P)/4121 K.N.Shah Dated 27.01.2021, issued by Taluka Education Officer (Primary Male) K.N.Shah, District Dadu, the building of said School has been ruined and there is apprehension of its collapse therefore, the students have been shifted to Otaq (out house) of one Ghulam Hyder Khoso where they have been seeking education since September 2015. It further reveals that Sindh Education and Literacy Department have not paid any heed to construct/reconstruct the building which is essential for smooth running of the classes. Consequently, the inhabitants of the area have been deprived of from the right of education. Hence, the instant petition has been maintained for getting indulgence of the Court.
Be that as it may, let notice be issued to learned Additional Advocate General, Sindh and the respondents for 29.11.2023 to be taken up at 12:00 Noon.
The concerned Head Master as well as Taluka Education Officer, concerned are directed to visit the site and submit Muster Roll as well attendance/ GR of the School showing admission as well strength of the students before this Court on the next date of hearing.
A copy of order may be communicated to all respondents through first three modes of service including Fax for compliance.
A copy of this order may also be provided to learned Additional Advocate General, Sindh for correspondence and compliance.
The Additional Registrar of this Court is directed to ensure compliance of the Order.
J U D G E
J U D G E
S.Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Constt. Petition No.D- 187 of 2021
|
Date |
Order with signature of Judge |
1. For orders on office objection-A.
2. For orders on MA No.1057 of 2021. (E/A)
3. For hearing of main case.
07.11.2023.
None present. Same was the position on the last two dates. Inspite of notice no one affected presence on behalf of petitioners. We have gone through the prayer clause as well as averments made under the petition and found that prayer so made is not tenable before this Court through its scope vested under Article 199 of The Constitution of Islamic Republic of Pakistan 1973. In view of above factual position as well as continuous absence on the part of petitioner as well as their counsel it appears that purpose of filing instant petition has been served. Accordingly, it is hereby dismissed along with pending application(s), if any.
J U D G E
J U D G E
S.Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Cr. Appeal No.D- 74 of 2023
|
Date |
Order with signature of Judge |
1. For orders on MA No.4809 of 2023. U/A.
2. For hearing of main case.
3. For orders on MA No.4810 of 2023. (426 Cr.PC)
06.11.2023.
Mr. Muhammad Afzal Jagirani, Advocate for the appellant.
--------------
1. Urgency disposed of.
2. Office objections to be addressed within ten days.
3 Through this Appeal, appellant has assailed the judgment dated 31.10.2023, rendered by 1st. Addl. Sessions Judge/Special Judge for CNS, Kashmore at Kandhkot, in Special Case No.28/2023 (Re-the State Versus Deedar Ali). The said case is outcome of FIR No.50/2023 of P.S, Buxapur, under Section 9 (C) Control of Narcotics Substance, Act 1997. The appeal being statutory right of the appellant is hereby admitted to regular hearing. Call R&Ps of Special Case No.28/2023 from the trial Court, prepare paper book on the cost of appellant. Issue notice to learned Additional Prosecutor General, Sindh for 12.12.2023. Meanwhile, office is directed to call fresh Jail Roll of the appellant.
J U D G E
J U D G E
S.Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
1st. Cr. Bail Application No. S-470 of 2023
2nd Cr. B. A. No.S- 250 of 2023.
|
Date |
Order with signature of Judge |
For hearing of main case.
06.11.2023.
Mr. Sunder Khan Chacar, Advocate for the applicant (applicant on bail who is absent today).
Mr. Shahbaz Ali M. Brohi, advocate for complainant a/w complainant.
Mr. Ali Anwar Kandhro, Additional Prosecutor General, Sindh
--------------
Learned counsel for the applicant submits that applicant Inayat Hussain Brohi is the complainant of crime No.35 of 2020 police station Khanpur under section 302, 506/2, 337-H(ii), 337 A-i, F-i, 114,148,149 PPC vide Sessions Case No. 306 of 2020 re: State v. Amanullah and others, pending trial before court of Sessions Judge, Shikarpur. He next submits that present case is cooked up against the applicant Inayat to exert illegal pressure upon him so that he may not pursue the captioned murder case in which two innocent persons have been murdered. He submits that during pendency of present bail application the complainant party have cooked up another false criminal case through police vide crime No.226 of 2023, P.S New Foujdari, under section 353, 242, 245, 34 PPC. In which he has been directed to be released against the surety of Rs.10,000/- each. However, trial court/ Civil Judge/Judicial Magistrate, Khanpur has sent the surety documents for verification. In support of his contention he placed copy of order dated 30.9.2023, taken on record. As far as Cr.B.A.No.S-250 of 2023, is concerned, learned counsel for the applicant in application in hand submits a copy of order passed inn Cr. B.A.No.S-269 of 2020, which was decided on 20.11.2020. Said application after hearing the parties was declined and order was approved for reporting as 2022 P.Cr. LJ Note 67 re: Ali Gul and another V. the State. He also submits copy of said head note, taken on record. Since the applicant is not in attendance today and learned counsel for the applicant in Cr. B. A.No.S-250 of 2023 is also not in attendance, both bail applications are hereby adjourned for 27.11.2023.
J U D G E
S.Ashfaq/*
ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO
Constt. Petition No. S- 253 of 2023
|
Date |
Order with signature of Judge |
1. For orders on office objection -A.
2. For hearing of main case.
06.11.2023.
Mr. Sunder Khan Chacar, Advocate for the petitioner.
Mr. Munawar Ali Abbasi, Assistant Advocate General, Sindh.
--------------
Learned AAG files statements of Respondents No.2,5 and 6, which are taken on record, copy whereof provided to learned counsel for the petitioner, who seeks time to go through the same. Let notice be repeated to remaining respondents for 27.11.2023.
Let a copy of order be provided to learned AAG for correspondence and compliance.
Let a copy of order shall also be sent by Fax to SSP, concerned for compliance.
J U D G E
S.Ashfaq/*