Nazer Ahmed (Appellant) VS The State (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

Cr. Appeal No.D-23 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

For hearing of M.A. No.1903/2020.

For hearing of main case.

Mr. Ghulamullah Chang advocate for the appellant.

Ms. Rameshan Oad, Assistant Prosecutor General.

After hearing learned counsel for the parties at some length we have briefly perused the judgment passed by learned trial Court in context of allegation against the appellant, we found that learned trial judge while delivering impugned judgment has not properly appreciated the arguments advanced by learned counsel for the parties. Under these circumstances learned counsel for the appellant and learned Assistant Prosecutor General have submitted that this matter may be remanded back to learned District Judge Hyderabad for re-hearing of arguments of the parties with direction to pass an elaborate/ speaking order as per law after hearing the parties.

In view of above, we accordingly set-aside the impugned judgment dated 13.02.2020 and remand the case at the stage of arguments to learned District & Sessions Judge Hyderabad for re-hearing of arguments with direction to decide the same as per law within a period of one month after receipt of this order and no unnecessary adjournment shall be granted to either party. Office is directed to immediately send R&Ps alongwith copy of this order to learned District & Sessions Judge Hyderabad for information and compliance.

This appeal is disposed of in the above terms.

JUDGE

JUDGE

Irfan Ali