Cr. Misc. Appln. No. D- 260 of 2013.



Date                           Order with signature of judge.


1.For orders on M.A No.2947/2013.

2.For Katcha Peshi.                                         


                        Mr. Ghulam Mahdi Sangi, advocate for the applicant.

                        Mr. Imtiaz Ali Jalbani, A.P.G.


            Through instant criminal miscellaneous application U/S 561-A Cr.P.C   the appellant Faizoo alias Faiz Mohammad   has impugned order dated 01.10.2013  passed by learned Special Judge,  Antiterrorism Court, Kashmore at Kandhkot  in Special Case No.71 of 2013 registered U/S 365-A PPc and 6/7 ATA in  Crime No.36 of 2010 registered  at Buxapur.   Learned counsel for the applicant has read  out the impugned  order and submits that the name of the present applicant was shown in column No.II of the challan however, learned ATA Judge  did not accept  such challan and directed the applicant and other accused persons to be joined for trial and  has also issued directed to issue N.B.Ws  directly instead of issuing summons or bailable warrants in the first instance.  It has been prayed that impugned order to the extent of issuance of non-bailable warrants against the applicant may be set aside In support of his contention, learned counsel for the applicant has placed reliance  on the order  dated 11.02.2002 passed by the Hon’ble Supreme Court in Criminal Petition NO.105-K of 2002  re: Shah Murad  and others v.s  The State, as well as another unreported case of Loung v.s  The State  in which  order was passed by his lordship Mr.Justice Sarmard Jalal Osmani, the then Honourable Chief Justice, Sindh High Court.  

            Learned A.P.G,  after perusal of the record and in view of the aforesaid decision of Honourable Supreme Court,  does not oppose  such  contentions however, submits that instead of setting aside the impugned order it may be modified  only to the extent  that N.B.Ws  issued against  the applicant may be treated as bailable warrants for another 15 days to enable the applicant  to surrender before the trial Court and furnish bond whereafter, the applicant may be dealtwith in accordance with law.

             In view of hereinabove  legal position as settled by the Hon’ble Supreme Court in the case of Shah Murad (supra) instant criminal miscellaneous application is allowed in the terms that .  Impugned order   is modified  to the extent   that N.B.Ws issued  against the applicant may be treated as bailable warrants for another 15 days to enable the applicant to surrender  before trial Court    to execute bond for his appearance before the Court during the pendency of the trial.

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