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February 7, 2006 Tuesday Muharram 8, 1427


KARACHI: SHC seeks AG’s help on legal question


KARACHI, Feb 6: The Sindh High Court on Monday issued notice to Advocate General Sindh, senior lawyers A.Q Halepota and Azizullah K Sheikh for Feb 27 to assist the court on a legal question whether the magistrate has powers to decide the bail plea of a person involved in a murder, attempt to murder and other session court cases.

The question raised during the bail application of Ms Malika Himani who was booked by the FIA for travelling to US on fake documents last month.

Her counsel Khawja Naveed Ahmed moved the bail application before the court submitting that the special court could not hear bail application until FIA submits chargesheet against the accused. He sought her release on bail.

SHC’s single bench, comprising Chief Justice Sabihuddin Ahmed, observed that courts are facing immense pressure due to such types of matters although a magistrate can grant bail in these matters.

Standing counsel Mehmood Alam Rizvi conceded the bail application as the applicant is a woman and punishment of offence is less then five years. He said until challan is submitted in the session court, the magistrate has power to decide the bail plea of the accused.

The court, granting bail to the women with a surety of Rs300,000, also issued notice to AG Sindh, and senior lawyers for Feb 27 to assist court on above said legal question.

BAIL EXTENDED: The protective pre-arrest bail of the sacked provincial revenue minister Imtiaz Ahmed Sheikh was extended by the Sindh High Court till Feb 27 in five cases pertaining to corruption, mis-declaration of assets, accumulation of wealth by misusing power, illegal possession of land and murder charges on Monday.

Imtiaz Sheikh, sacked by Sindh chief minister Arbab Ghulam Rahim as Sindh revenue minister leveling serious allegation of corruption against him, was named as co-accused in the said cases.

SHC’s single bench, comprising Justice Ghulam Rabbani, was told that Raja Qureshi, counsel of Imtiaz Sheikh, is engaged in Lahore High Court and adjournment was sought. The court, granting the request, adjourned hearing till Feb 27.

Appeal dismissed: An appellate bench of the Sindh High Court, comprising Justice Mohammad Afzal Soomro and Justice Rahmat Hussain Jafferi, on Monday dismissed an appeal filed by one Mohammad Ali who killed his wife and her alleged paramour.

The accused was convicted and sentenced to death by a sessions court for the offence committed on April 12, 2001 in the jurisdiction of PS Kalakot.

He used a wooden log to struck down his wife and alleged paramour Gul Nabi. Later, he surrendered before the police.

The bench after detailed hearing dismissed the appeal maintaining the sentence awarded by the trial court.—PPI/APP






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