IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.
Cr. Misc. Appln. No. D- 260 of 2013.
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.