ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Misc. Appln. No.S-27  of  2011.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

09.02.2011.

1. For orders on office objections.

2. For orders on M. A. No. 336/2011.

3. For orders on M. A. No. 337/2011.

4. For Katcha Peshi.

Mr. Ashique Illahi N. Sundrani, advocate for applicants, alongwith applicant Abdul Razak Ogahi.

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1.                Office objection ignored in view of the orders proposed to be passed.

2.                Granted.

3.                 Granted subject to all just exceptions.

4.                This is an application under Section 561-A, Cr.P.C, seeking quashment of F.I.R. and proceedings emanating from crime No.123/2010, registered at P.S Ghouspur, under Sections 324, 114, 337-H(2), 504, 147, 148, 149, PPC.

                   It is, inter alia, contended by the learned Counsel for the applicant that the applicant and other nominated persons have been falsely implicated in the instant crime at the behest of the respondents, with whom there is admitted enmity, as an F.I.R. bearing crime No.247/2010, under Sections 302, 337-H(2), 114, 148, 149, PPC, was registered by the present applicant, namely, Abdul Razak Ogahi at P.S A/Section, Kandhkot against the relatives of the present applicant. 

                   On a query of this Court as to the maintainability of the instant application at this stage when the challan has been submitted in the Court, the learned Counsel states that he would be satisfied if the present applicant, namely, Abdul Razak son of Abdul Karim Ogahi is granted ad-interim protective bail to enable him to appear before the learned Sessions Judge, Kashmore at Kandhkot for seeking pre-arrest bail.  He further prays that the N.B.Ws issued by the learned 1^st Civil Judge & Judicial Magistrate, Kandhkot may be suspended.

                   Be that as it may, looking at the advanced age of the present applicant, who is present in the Court, without touching the merits of the case, the present applicant is admitted to ad-interim protective bail for a period of 10 days from today subject, however, to furnishing surety in the sum of Rs.25,000/- and P.R bond in the like amount to the satisfaction of the Additional Registrar of this Court.  In the meanwhile, the operation of the N.B.Ws issued against the present applicant by the learned 1^st Civil Judge & Judicial Magistrate, Kandhkot, is hereby suspended.

                   Needless to observe that the above order shall cease to have effect on expiry of 10 days from today or when the applicant shall surrender himself before the learned Sessions Judge, Kashmore at Kandhkot, whichever occurs earlier.

                   This criminal miscellaneous application stands disposed of in the above terms.

                                                                                                JUDGE