ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Appeal No.S-71   of  2009

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

28.2.2013.

1. For orders on M. A. No.2734/2012.

2. For orders on M. A. No.658/2012.

3. For orders on M. A. No.1581/2009.

4. For Regular Hearing.

Mr. Ali Nawaz Ghanghro, advocate for the appellants.

Mr. Faiz Muhammad Larik, advocate for complainant.

Mr. Abdul Rasheed Soomro, State Counsel.

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                   All learned Counsel present agreed that the accused was not provided to defend himself through an advocate.  Neither they engaged advocate themselves, nor the trial Court considered it fit to appoint an advocate for them on State behalf in case the accused was pauper, indigent or poor.  Such factual controversy is conceded by Mr. Faiz Muhammad Larik appearing for the complainant, who stated that apart from the fact that the advocate before the trial Court did not represent them, their attitude was not of a gentleman and they were using unparliamentary language.  Mr. Ghanghro though did not appear before the trial Court but he, without conceding to such, submits that he would not take more than 30 days to crossexamine as far as his defence is concerned and he undertakes that if any misbehaviour on the part of appellants is found he would be the first person to report such facts before the concerned Court. 

                   In view of such understanding and by consent of all above I remand the case to the trial Court only to the extent that an opportunity to crossexamine be provided to the accused, which exercise shall be completed within 30 days, whereafter the trial Court may pass judgment in accordance with law.  The impugned judgment is set aside.

                   The appeal is disposed of in the above terms.

                                                                                                JUDGE

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