IN THE HIGH COURT OF SINDH,

CIRCUIT COURT LARKANA  

Criminal Reference No. D- 01 of 2023.

Date of hearing

Order with signature of Judge

26.03.2024.

For hearing of main case.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

            Messrs Azhar Hussain Abbasi and Hosh Sami Phulpoto, Advocates for accused Abdul Nabi and Fateh Muhammad.

            Syed Kazim Raza Shah, Advocate for Abdul Nabi.

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ORDER

Muhammad Saleem Jessar, J- Through captioned Criminal Reference, the learned Judge, Anti-Terrorism Court, Shikarpur, has sought for directions to conduct joint trial of two cases arisen out of F.I.R No. 17 of 2023 of P.S Waris Dino Machhi (District Larkana) and F.I.R No. 05 of 2023 of P.S Golo Daro (District Shikarpur) by one and same Court i.e. either by Anti-Terrorism Court Shikarpur or Anti-Terrorism Court Larkana, on the ground that both these cases are outcome of same transaction, therefore, the accused in both the cases are to be tried jointly in view of Section 239 of the Criminal Procedure Code, 1989.

            2.         Learned D.P.G appearing for the State opposed the criminal reference on the ground that, since the accused and witnesses of these cases are different, therefore, these cases are not liable to be tried jointly. The learned counsel appearing for the accused also supported the arguments advanced by the learned Prosecutor. 

            3.         A careful perusal of the material available on record reflects that the offences in aforesaid two F.I.Rs are outcome of the same transaction and are inter-connected/ inter-related and committed in the course of same transaction, as such in view of provisions of Section 239 [d] of Cr.P.C. the same are to be tried jointly. It would be conducive and illustrative to reproduce relevant provisions of law, which read as under:

239. What persons may be charged jointly. The following persons may be charged and tried together, namely:

            (a)       ……………

            (b)       ……………

            (c)        …………….

(d)       Persons accused of different offences committed in the course of same transaction.

            4.         Accordingly, in view of above legal position, criminal reference made by learned Judge of Anti-Terrorism Court Shikarpur is hereby allowed. Consequently, it is hereby directed that accused of cases arisen out of F.I.R No. 17 of 2023 of P.S Waris Dino Machhi (District Larkana) and F.I.R No. 05 of 2023 of P.S Golo Daro (District Shikarpur) be tried jointly. As such, the special case arisen out of F.I.R No.17 of 2023 P.S Waris Dino Machhi (pending trial before learned Judge, Anti-Terrorism Court, Larkana) is directed to be sent to the Court of Judge Anti-Terrorism Court, Shikarpur, for joint trial with case arisen out of F.I.R No. 05 of 2023 of P.S Golo Daro. A copy of this Order be sent to learned Judge Anti-Terrorism Court, Larkana as well as Shikarpur, for compliance.

            5.         The criminal reference stands disposed of in above terms.

Judge

                                  Judge

Ansari