KARACHI: SHC suspends bail order

Published October 28, 2008

KARACHI, Oct 27: The Sindh High Court on Monday suspended the trial court’s order of granting bail to a murder accused and observed that the order was passed without considering the evidence involving the accused in the case.

A single-member bench comprising Justice Salman Ansari also directed the trial court not to issue the release order of the accused till further orders, and called the record of the proceedings and police papers of the case.

Earlier, the applicant, Kamran, through his counsel Ashraf Qaiser filed an application in the SHC under Section 497 (5), read with Section 561-A, of the Criminal Procedure Code against the order dated Oct 15, passed by the second additional district and sessions judge (central), and pleaded for setting aside the impugned order, and cancelling the bail of accused Rashid Khan, son of Sardar Khan. The applicant’s counsel, through another application moved under Section 651-A of the CrPC, requested the court to restrain the trial court from issuing the release order of the accused.

Rashid Khan is facing trial for killing Sajid Ali on June 24, 2007 in the limits of the New Karachi Industrial Area police station.

Warrants against IO

Meanwhile, a judicial magistrate issued on Monday bailable warrants for the arrest of an investigation officer for not submitting a charge-sheet against three police constables in a murder case despite the lapse of almost eight months.

The court has issued around 20 show-cause notices to the investigation officer directly as well as through his superiors since April 4. However, the IO has failed to comply with the court’s order.

Police constables Mohammad Imran, Arif Hussain and Salman Farsi had allegedly opened fire on Zubair Khan and Mohammad Sqib on March 21 near Shakhi Hassan, North Nazimabad. Both the youngsters were rushed to the Abbasi Shaheed Hospital. Zubair died while Saqib survived the serious injuries. A case (FIR 164/08) was registered under sections 302, 324/34 of the Pakistan Penal Code at a complaint registered at the Taimuria police station against the policemen.

The court fixed Nov 6 as the next date of hearing.

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