ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Misc. Appln. No. 44 of 2011.

Date	Order with signature of Judge

1. For orders on MA No. 490/2011.

2. For Katcha Peshi.

04.03.2011.

                        Mr. Rafique Ahmed Abro, Advocate for applicant.

                        Mr. Abdul Hamid Bhurgri, A.A.G. alongwith Miss Rubina Dhamrah, State counsel.

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                        Through instant criminal miscellaneous application, the applicant has impugned order dated 15.10.2010, passed by learned Civil Judge & Judicial Magistrate Khanpur, on interim report submitted by the police before the Magistrate under section 173 Cr.P.C. in crime No.67/2010, registered at P.S Naperkot, under section 302, 324, 148, 149, 337-H (2), 504 P.P.C, whereby the present applicant who was let off by the police by placing him in column No. II, has been directed to be joined as accused and pursuant to that the N.B.Ws: have been issued against the applicant.

                        Learned counsel for the applicant states that the applicant is innocent and has been falsely implicated in the instant crime, whereas the impugned order is also erroneous in law and facts. According to learned counsel, issuance of coercive process in form of N.B.Ws: against the applicant is violative of the orders passed by the Hon’ble Chief Justice of this Court in Crl. Misc. Appln. No. 165/2010, as well as, the reported case of  Safdar Ali v. Zafar Iqbal and others (2002 SCMR 63), and unreported case in the matter of Shah Murad v. The State (Crl. Petition No. 105-K of 2002).  Learned counsel further states that the applicant has voluntarily surrendered before this court and is willing to surrender before the trial Court provided the N.B.Ws: issued against him are either suspended or converted into B.Ws.

                        Learned A.A.G. in view of the legal position duly supported by the order of Hon’ble Chief Justice passed on 08.11.2010, in Crl. Misc. Appln. No. 165/2010, does not oppose such request provided the NBWs: are issued pursuant to the impugned order.

                        Under the circumstances, the NBWs: issued against the present applicant/ accused pursuant to the impugned order dated 15.10.2010, are converted into B.Ws for ten days provided the applicant surrenders before the trial Court seeking bail as per law, however subject to execution of P.R bond in the sum of Rs.100,000/- (One hundred thousands), with Additional Registrar of this Court.  It is clarified that this order will cease to have effect after expiry of ten days or the date when the applicant surrenders before trial Court.

                        The application stands disposed of accordingly.

                                                                                                                        Judge