IN THE HIGH COURT OF SINDH,
CIRCUIT COURT, HYDERABAD.
C.P No.D-1456 of 2010
C.P No.D-1534 of 2010
Mr. Ishrat Ali Lohar, Advocate for Petitioner along with Petitioner.
Mr. Allah Bachayo Soomro, Additional A.G, Sindh along with Mr.Riaz Ahmed Soomro, D.P.O Tando Muhammad Khan, Mr. Munir Ahmed Shaikh, D.P.O Hyderabad SIP/SHO Qurban Mallah, PS Tando Muhammad Khan and SIO Fazal Shah, PS Tando Muhammad Khan.
Complainant Ramzan Ali in person.
We have heard the petitioners’ counsel as well as the complainant, who concedes that the name of the petitioner Suhrab Ali Khemtio was wrongly mentioned as he has not played any role in the commission of the offence but he states that the petitioner No.2 was the person who committed robbery with other co-accused Nazar Deeshak and two persons who were unknown. According to him, the petitioner No.2 was identified on the basis of the photo-graphs which were shown by the police and the petitioner No.2 has criminal background. The complainant has grievance against the S.H.O as well as he is not comfortable with the Investigating Officer. Let the investigation, which is under way, be completed by the new Investigating Officer Mr.Siraj Lashari, DSP Qasimabad, Hyderabad.
We are informed that the petitioners have been granted bail before arrest by the Court of VIth Additional Sessions Judge, Hyderabad. The prosecution may approach the very Court seeking cancellation of bail against petitioner No.2, if it collects material against him and the Court granting bail before arrest irrespective of the factum that it has been confirmed may cancel the bail to provide an opportunity to the police to investigate the matter or for the purpose of the recovery. The name of the petitioner No.1 shall be scored off from the crime No.272/2010, Police Station Tando Muhammad Khan, as the complainant himself states that he was not involved in the crime. The police shall not investigate the matter as far as the petitioner No.1 is concerned nor he will be implicated as an accused in the said crime.
We direct the Investigating Officer to hand over the police file to the D.P.O Hyderabad for further investigation, who in turn will assign the investigation of crime No.272/2010, Police Station Tando Muhammad Khan to Mr. Siraj Lashari, DSP Qasimabad, Hyderabad.
The petition stands disposed of in the above terms.
Copy of this order be faxed to the D.P.O, Hyderabad for information and compliance.