HYDERABAD, Nov 1: The Hyderabad circuit bench of the Sindh High Court on Tuesday granted bail to two activists of the Sindh People’s Students Federation (SPSF), Mirpurkhas chapter, who were among four convicted in a case of attempted murder.
The court admitted a criminal appeal against the conviction and the bench comprising Justice Mohammad Moosa K Leghari and Justice Maqbool Baqar granted bail to Mohammad Yousuf and Farooque Chishti for Rs20,000 each. They were awarded one year imprisonment.
The appellants, Junaid Buland, Farooque Chishti, Mohammad Yousuf and Jehangir Mughal represented by Allah Bachayo Soomro Advocate were convicted under sections 324, 337-C, 337-F(ii)(iii), 504, 147, 148, 149 PPC.
Mr Buland was sentenced to 10 years’ imprisonment with a fine of Rs125,000 and Jehangir was sentenced to ten years term with a fine of Rs25,000. Mr Chishti, Mr Yousuf and Kamran Shah were awarded one year term and Rs5000 fine each for making attempt on the lives of Azhar Sheikh and Aslam Abbasi, activists of Muttahida Qaumi Movement (MQM).
Mr Farman had alleged in an FIR filed on January 26, 2005 that Jehangir and Junaid fired with TT pistols on Aslam Abbasi and Azhar Sheikh and injured them. The case was tried by the first additional sessions judge who passed the judgement on October 12.
The appellant’s counsel argued that the trial court had erred and not considered material facts. An old enmity between the activists of MQM and PPP resulted in the false implication of appellants. The case was further weakened by lack of independent witnesses from the locality where the incident took place, he argued.
The counsel contended that the trial court ignored the fact that the complainant, the injured and the prosecution witnesses (PWs) all belonged to MQM, therefore, their evidence was not reliable. Besides, the court failed to consider contradictions in the evidence of PWs.
He said that while convicting Junaid Buland, the court failed to consider the fact that the weapon used in the attack was neither sealed nor was it sent to a ballistic expert for examination.
He alleged that medical evidence was procured under influence of high government officials because the complainant party was part of provincial government.
He said that Junaid Buland and Farooque Chishti were already in the custody of police locked-up in Shadi Palli police station and the fact was also admitted by investigating officer. The case against the appellant was not proved and it was full of loopholes, he said, adding that the charges were framed by one court while the verdict was passed by another trial court.
DEMO: The journalists of Sanghar staged a demonstration and hunger strike outside the Hyderabad press club on Tuesday to press for their demand that the British government disclose the burial place of Pir Syed Sibghatullah Shah Rashidi (Sooriah Badshah) and tender an apology for the Hurs’ massacre in 1942.
Led by the president of Sanghar press club, Nawaz Kumbhar, senior vice-president Shoukat Hyderi and general secretary Lala Qadir Sirewal they said that they had deliberately chose the day for protest to coincide it with the visit of Prince Charles, the heir apparent to the British throne.
