Criminal Appeal 132/2019 (S.B.) Sindh High Court, Circuit at Larkana

Sindh High Court · 2025 · Before Omar Sial

Heard Mr Safdar Ali Ghourt, learned Counsel for the appellant and Mr. Ali Anwar Kandhro, learned Additional Prosecutor : General These appeals are remanded back to the learned trial Court in order for the appellant to produce the evidence which has come into his possession from the Board of Revenue, Hyderabad, which evidence, according to the learned Counsel, could not be produced at trial (however, the extracts of the Form-VII, which in themselves show the sureties as ‘khatedars’ ene produced and exhibited at trial) ‘nd for the “ oe Court to examine the relevant witnesses in Connection with this record Having recorded this additional evidence, the learned tnal Court shall re-record the section 342, Cr.P.C. statement and write a fresh judgment.

The learned trial Court is at complete liberty to apply its independent mind and decide the case after the evidence has come on record, in

ceomrdanen with law. The learned trial Cont as not ish impacted by this : remand bath onda, - the nes is solely to do junta in (ie case as as some important evidence it appears might have been not considered at ‘ trial. Learned Addi. PG. is in agreement that it is possible that some important evidence was not taken into consideration and is thus of the opinion that justice will be served if the learned trial Court records such

evidence In view of the peculiar circumstances of this case. the appellant

Qhjs aaniten to bail subject to his furnishing a solvent surety in the sum of

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Rs 100,000/- and a PR_ bond in the like amount before the learned tral Court. The learned trial Court shall endeavour to complete this exercise within a penod of 3 months from the date of receipt of this order and report compliance through the learned Additional Regisiter of- tus: Courr The bail granted to the appellant today shall cease on the date the

learned trial Court announces its judgment.

All the aforementioned appeals stand disposed of in the

above terms.

JUDGE

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