KARACHI, March 24: The Sindh High Court granted on Monday bail to an accused, who was not produced in the trial sessions court since his arrest in April 2000.
Abdullah was booked by the Gulshan-i-Iqbal police for a failed dacoity attempt but was not taken to the court by jail authorities on 38 successive dates fixed for hearing of the case.
The superintendent of Central Prison, Karachi, who was present in the court on notice, on a query from the court informed that the accused was produced twice in the trial court.
Justice Ataur Rahman, who granted the bail, directed the jailer to submit a detailed report on the production of the accused/applicant in the trial court.
The judge then admitted the accused to bail against a solvent surety of Rs100,000 and a personal bond in the like amount.
When the bail application of the accused/applicant came up for hearing, counsel for the applicant submitted that his client allegedly committed a dacoity on 17-2-2000 in the limits of Gulshan-i-Iqbal police station. He was arrested by the police on 4-4-2000, and since then there had been no proceedings in his trial. Seeking bail on the ground of statutory delay the counsel pressed for the grant of bail to his client.
HEARING ADJOURNED: The Sindh High Court adjourned on Monday the hearing of a suit instituted by an ice factory owner against the recovery of Rs5.4 million from him as “detection bill” by the Karachi Electricity Supply Corporation.
In its counter-affidavit in reply to the plaint filed by the owner of Nazia Ice Factory, Korangi, the corporation said power theft was detected by its staff accompanied by a representative of the electricity inspector’s office in July 2002. A masheernama was drawn up and signed by the owner as required under the law. The suit neither refers to the inspection nor challenges it or the masheernama.
Appearing for the KESC, Advocate Muzzafarul Haque submitted that the suit was liable to be dismissed for concealment of a vitally-relevant fact alone.
Justice Azizullah M. Memon, who is hearing the suit, adjourned the case to April 7 for further proceedings.
Justice Zawwar Hussain Jaffery suspended the sentence of a convict and remanded his case to the trial court for rehearing. Mohammad Ali was accused of molesting an eight-year-old girl by her father. A sessions court jailed him for 10 years with a fine of Rs25,000. He challenged the decision in the high court. His counsel pointed out discrepancies in the medico-legal report and the testimony of two medical officers who appeared as prosecution witnesses.
Justice Jaffery asked the trial court to re-examine the evidence.
Justice Ataur Rahman granted an insurance executive interim bail before arrest in the sum of Rs100,000. Jubilee Insurance Company Vice-President Mirza Afaq has been booked by the FIA corporate circle for paying car insurance amount to a claimant other than the rightful owner.
Anwar Ahmad, who was arrested by the airport police and handed over to the Federal Investigation Agency last month, was also admitted to bail in the sum of Rs100,000 by the same judge. He was found in possession of fake foreign currency.
TRANSFER OF CASE: Justice Moosa K. Leghari of the Sindh High Court has ordered the district and sessions judge, West, to withdraw a case from the court of the judicial magistrate Vth, West, and to entrust the trial to another magistrate, adds APP.
According to an order available on Monday, the court took strong notice of the violation of its orders on disposal of an application moved by a petitioner under section 249-A of CrPC.
The order came on a criminal miscellaneous application filed by applicant Qazi Mohammed Javed, accused in a case registered under section 337-A (2) of CrPC by the Shershah police.
The applicant submitted that he was facing trial before the JM V, West. He maintained that he had falsely been implicated in the case by the complainants who bore malice against him.
He maintained that he had filed an application before the JM concerned, but the application was not disposed of despite a clear directive by the Sindh High Court.
Disposing of the application, the judge directed the DJ West to entrust the case trial to another JM and also desired of the DJ to ensure the disposal of the matter by his sub-ordinate by April 10 and to submit a report to the SHC.