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September 21, 2008 Sunday Ramazan 20, 1429





Man freed after 6 years in jail without evidence



By Our Correspondent


LARKANA, Sept 20: The Sindh High Court Larkana circuit bench quashed all proceedings against Ali Haidar Brohi, an accused who was languishing in prison since past six years without being convicted, and ordered his release on Saturday.

Ali Haidar Brohi was facing two cases of robbery and a police encounter registered with Nasirabad police in 2002.

He had sent an application to the court which was converted into a petition. He was arrested on April 16, 2002, and since then was behind bars. The accused said that Nasirabad police had registered false case against him under Section 353 and 342 and since then he was in jail.

Taking suo motu notice, Mr Justice Syed Mehmood Alam Rizvi called the case papers from the subordinate court of the additional sessions judge of Shahdadkot. It was revealed that six years had passed but police neither produced any evidence nor made any recovery in the cases.

The court of additional sessions judge finding no evidence against the accused had released him on Rs100,000 bail, on 28 April 2008. But he being poor couldn’t furnish the surety.

Mr Justice Syed Mehmood Alam Rizvi in the judgment said: “It is shocking that for the last six years a person is behind the bars without any legal evidence.”

The judgment said it was strange that for the last six years the applicant could not get bail from the trial court.

The court said as the applicant was behind bars since past six years and he was not at fault while no evidence was available against him.

The petitioner had sent an application to the High Court Larkana circuit bench after a jail visit of Mr Justice Amir Hani Muslim and Mr Justice Syed Mehmood Alam Rizvi on Sept 8, the court sources said.







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