Sindh High Court

Prem (Petitioner) VS Distt: Judge Badin and others (Respondent)

Case
Const. P. 2026/2016
Type
Writ Jurisdictions
Judge
Justice Mrs. Rashida Asad
Length
39 pages

Full judgment

Official copy

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P. No.S-2026 of 2016

DATE ORDER WITH SIGNATURE OF JUDGE

1.For orders on office objection

2.For hearing of MA 19799/2016

3.For hearing of main case

Mr. Abdul Hameed Bajwa, Advocate for respondent No.3.

Mr. Muhammad Ismail Bhutto, Addl.A.G.

This petition is pending since 15.12.2016. Today, the mater is called twice. Neither the petitioner nor his counsel are in attendance. No intimation is received. Same was the position on 16.11.2017 when none was present for the petitioner. It appears that the petitioner has lost interest to further proceed with this petition, which is dismissed in non-prosecution along with listed application.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

IInd Appeal No.04 & 05 of 2017

IInd Appeal No.49 & 50 of 2018

DATE ORDER WITH SIGNATURE OF JUDGE

Mr. Parkash Kumar, advocate for appellants in IInd Appeal No.04 & 05 of Mr. Muhammad Ismail Bhutto, Addl.A.G.

Mr. Hamayoon Shoro advocate holding brief on behalf of Mr. Shabeer Hussain Memon, advocate for appellant in IInd Appeal No.49 & 50 of 2019, states that the latter is busy before another bench of this court and requests for adjournment.

Adjourned to 12.10.2020.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

R.A.116 of 2017

DATE ORDER WITH SIGNATURE OF JUDGE

Mr. Muhammad Ismail Bhutto, Addl.A.G.

Mr. Imdad Ali advocate holding brief on behalf of Mr. Arbab Ali Hakro, Advocate for the applicant, states that the latter is busy before another bench and requests for adjournment. Adjourned to a date in office.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

R.A.231 of 2017

DATE ORDER WITH SIGNATURE OF JUDGE

Mr. Muhammad Ismail Bhutto, Addl.A.G.

Mrs. Razia Ali Zaman Khan Patoli holding brief on behalf of Mr.

Pirbhulal U. Goklani, advocate for applicants, states that the latter is unwell today and requests for adjournment.

Mr. Aqeel Ahmed Siddiqui, advocate files vakalatnama on behalf of legal heirs of respondent No.4 and claims copy of the memo of Revision Application.

Learned Counsel for applicants is directed to provide the same on or before the next date of hearing.

Adjourned to a date in office.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

R.A.126 of 2019

DATE ORDER WITH SIGNATURE OF JUDGE

Mr. Hakim Ali Siddiqui, Advocate for applicants.

Mr. Muhammad Ismail Bhutto, Addl.A.G.

Counsel for respondent No.7 is called absent. Repeat notices against unserved respondents as already ordered. Adjourned to 26.10.2020.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P. No.S-25 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

Mrs. Razia Ali Zaman Khan Patoli, Advocate for petitioner.

Mr. Muhammad Ismail Bhutto, Addl.A.G.

Ms. Safa Hisbani, Assistant P.G for the State.

Ms. Safa Hisbani, Assistant P.G. claims copy of the memo of petition. Learned counsel for the petitioner undertakes to provide the same during course of the day.

I.O. is directed to appear along with report on the next date of hearing. By consent matter is adjourned to 13.10.2020.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P. No.S-335 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

Mr. Ishrat Ali Lohar, Advocate for petitioner.

Mr. Muhammad Idrees Naqshbandi, Advocate for respondent No.1.

Mr. Muhammad Ismail Bhutto, Addl.A.G.

By consent matter is adjourned to 21.10.2020.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

R.A. No. 235 of 2018

DATE ORDER WITH SIGNATURE OF JUDGE

1.For orders on C.M.A 376/2020 (U/O 22 Rule 3 CPC.

2.For orders on C.M.A 2042/2018

3.For hearing of main case

Mr. Arbab Ali Hakro, Advocate for the applicants.

Mr. Parkash Kumar, Advocate for respondent.

By consent, this application u/o 22 Rule 3 CPC for bringing the legal heirs of deceased applicant No.1(i) Mst. Fehmeeda and applicant No.5 Mst. Afroze, is allowed.

Learned counsel for the applicants is directed to file the amended title.

Adjourned to 05.10.2020. In view of above development, the interim order passed earlier to continue till next date of hearing.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

R.A. No. 234 of 2018

DATE ORDER WITH SIGNATURE OF JUDGE

For orders on C.M.A 375/2020 (U/O 22 Rule 3 CPC.

Mr. Arbab Ali Hakro, Advocate for the applicants.

Mr. Parkash Kumar, Advocate for respondent.

By consent, this application u/o 22 Rule 3 CPC for bringing the legal heirs of deceased applicant No.1(i) Mst. Fehmeeda and applicant No.8 Mst. Afroze, is allowed.

Learned counsel for the applicants is directed to file the amended title.

Adjourned to 05.10.2020. In view of above development, the interim order passed earlier to continue till next date of hearing.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Criminal Appeal No.S-162 of 2019

DATE ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application us/ 426, Cr.P.C (M.A 672/2019) Syed Mahmood Alam Rizvi and Waqar Ahmed Memon, advocates for appellants.

Mr. Hidayatullah Abbasi, advocate for complainant.

Ms. Safa Hisbani, Assistant P.G for the State.

On the request of learned counsel for complainant, as he is not feeling well today, the matter is adjourned to 29.09.2020.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P No.S-203 of 2016

DATE ORDER WITH SIGNATURE OF JUDGE

For orders on M.A. 2576/2019

Mr. Tahseen Ahmed H. Qureshi, advocate for petitioner.

Learned counsel for the petitioner, in view of the order dated 12.05.2020, passed by the Honourable Supreme Court in C.P. No.676-K of 2019, does not press this application, which is accordingly dismissed as not pressed.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Criminal Jail Appeal No.S-109 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

Mr. Ejaz Ahmed A. Awan, advocate for appellant.

Ms. Safa Hisbani, Assistant P.G for the State.

Mr. Parkash Kumar advocate informs that on account of death of brother- in-law of Mr. Ayaz Hussain Tunio, Advocate for complainant, Mr. Tunio could not attend the court and requests for adjournment.

Adjourned to 28.09.2020 at 11:00 a.m.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Criminal Bail Application No.S-760 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

Mr. Muhammad Ishtiaque Khan, Advocate for applicant along with applicant.

Mr. Mohsin Raza Gopang, Advocate for complainant along with complainant.

Ms. Safa Hisbani, Assistant P.G for the State.

Learned counsel for the applicant has filed statement along with photostat copies of two cheques dated 15.10.2020 and 01.12.2020, respectively, which have been handed over to the complainant by applicant. Learned counsel for complainant present along with complainant acknowledges the receipt of those cheques and states that he has no objection if the ad-interim pre-arrest bail already granted to the applicant vide order dated 11.08.2020, is confirmed.

Learned Additional Prosecutor General Sindh, in view of above, also renders her no objection for confirmation of ad-interim pre-arrest bail.

In view of above, the ad-interim pre-arrest bail already granted to the applicant vide order dated 11.08.2020 is hereby confirmed on the same terms.

Bail application is disposed of in the terms as stated above.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

M.A No.35 of 2019

DATE ORDER WITH SIGNATURE OF JUDGE

Mr. Naeemuddin Sahito, Advocate for appellants.

Mr. Zafar Ahmed advocate for respondents No.6 to 8.

Mr. Allah Bachayo Soomro, A.A.G.

Learned counsel for the applicants seeks time for preparation. Time is granted. Adjourned to 20.10.2020.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Criminal Appeal No.S-44 of 2014

DATE ORDER WITH SIGNATURE OF JUDGE

Ms. Safa Hisbani, Assistant P.G for the State.

Mr. Kewal Kumar advocate holding brief on behalf of Mr. Sajjad Ali Gopang, advocate for appellant, states that the latter is busy before another bench of this court and requests for adjournment. Adjourned to a date in office.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Criminal Appeal No.S-14 of 2016

DATE ORDER WITH SIGNATURE OF JUDGE

Ms. Safa Hisbani, Assistant P.G for the State.

Mr. Muhammad Ayoob Laghari advocate holding brief on behalf of Mr. Muhammad Hashim Laghari, advocate for appellant, states that the latter is busy before another bench of this court and requests for adjournment. Adjourned to a date in office.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Criminal Appeal No.S-294 of 2019

DATE ORDER WITH SIGNATURE OF JUDGE

Mr. Tahseen Ahmed H. Qureshi, Advocate for appellant.

Ms. Safa Hisbani, Assistant P.G for the State.

Repeat notice to complainant through S.H.O. concerned for 12.10.2020.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Criminal Miscellaneous Application No.S-191 of 2013

DATE ORDER WITH SIGNATURE OF JUDGE

Mr. Muhammad Kaleemullah Memon, Advocate for applicant.

Ms. Safa Hisbani, Assistant P.G for the State along with SIP Allah Jurio P.S Hala New.

Respondent No.2 files a statement, copy whereof is provided to the learned counsel for the applicant. respondents No.3 and 4 are present in person and seek time to engage a counsel. Time is granted. Adjourned to 13.10.2020.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Criminal Miscellaneous Application No.S-219 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

For orders on M.A 6307/2020

Mr. Dilbar Khan Laghari, advocate for applicant.

Urgency granted. To come up on 05.10.2020 after notice to all concerned.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Criminal Jail Appeal No.S-35 of 2013

DATE ORDER WITH SIGNATURE OF JUDGE

Mr. Muhammad Sachal R. Awan, Advocate for appellant.

Ms. Safa Hisbani, Assistant P.G for the State.

By consent adjourned to 29.09.2020.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Criminal Miscellaneous Application No.S-264 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

Mr. Nihal Khan Lashari, advocate for applicant.

Ms. Safa Hisbani, Assistant P.G for the State.

Ms. Bisma, associate of Mrs. Razia Ali Zaman Khan Patoli, Advocate for respondents No.3 to 7, states that Mrs. Patoli is busy before NAB Court and requests for adjournment. Adjourned to 07.10.2020.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Criminal Miscellaneous Application No.S-293 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

Ms. Safa Hisbani, Assistant P.G for the State.

None present for the applicant. Adjourned to a date in office.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Criminal Miscellaneous Application No.S-349 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

Ms. Safa Hisbani, Assistant P.G for the State.

Mr. Mansoor Ali Jatoi advocate files vakalatnama of Mr. Muhammad Hassan Chang advocate on behalf of applicant and seeks time. Adjourned.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Criminal Bail Application No.S-839 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

Mr. Ahsan Gul Dahri, Advocate for the applicants.

Mr. Farhad Ali Abro, Advocate for complainant.

Ms. Safa Hisbani, Assistant P.G for the State.

Applicants Khan Muhammad Dahri and Mithal Khan Dahri are present on ad-interim pre-arrest bail. Mr. Saad Salman Ghani advocate files vakalatnama on behalf of applicant No.2 Mithal Khan Dahri and seeks time. Call report from the trial court as well.

Adjourned to 05.10.2020.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Criminal Bail Application No.S-659 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

Mr. Hameedullah Dahri, Advocate for the applicant.

Ms. Safa Hisbani, Assistant P.G for the State.

On the request of learned Assistant Prosecutor General Sindh, as she didn’t get the criminal record of applicant as yet, the matter is adjourned to

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Criminal Miscellaneous Application No.S-741 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

Ms. Safa Hisbani, Assistant P.G for the State.

None present for applicant. Adjourned to a date in office.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Criminal Bail Application No.S-766 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

1.For orders on office objection

2.For hearing of main case

Mr. Ayatullah Khowaja, Advocate for applicant.

Ms. Safa Hisbani, Assistant P.G for the State.

For the reasons to be recorded later on, the bail application is allowed and bail is granted to the applicant subject to furnishing solvent surety in the sum of Rs.50,000/- (fifty thousand) and P.R Bond of the like amount to the satisfaction of trial court.

Bail application disposed of along with listed application.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P. No.S-157 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

For orders as to non-prosecution of main petition, as office objections have not been complied with by the learned counsel for petitioner.

Mr. Saifullah Dasti advocate for petitioner.

On the request of learned counsel for petitioner, two weeks’ time is granted for compliance of office objections. Adjourned.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P. No.S-159 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

For orders as to non-prosecution of main petition, as office objections have not been complied with by the learned counsel for petitioner.

Mr. Saifullah Dasti advocate for petitioner.

On the request of learned counsel for petitioner, ten (10) days time is granted for compliance of office objections. Adjourned.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P. No.S-160 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

For orders as to non-prosecution of main petition, as office objections have not been complied with by the learned counsel for petitioner.

Mr. Saifullah Dasti advocate for petitioner.

On the request of learned counsel for petitioner, ten (10) days time is granted for compliance of office objections. Adjourned.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Criminal Miscellaneous Application No.S-454 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

1.For orders on urgent application (M.A 6241/2020) 2. For orders on office objection.

3.For orders on exemption application (MA 6242/2020) 4. For hearing of main case.

Mr. Shahid Hussain Bhurgri advocate for applicant.

1.Granted.

2.Learned counsel for the petitioner undertakes to comply the office objection within a week.

3.Exemption is granted subject to all just exceptions.

4.Notice to the respondents as well as learned Additional Prosecutor General Sindh for 13.10.2020.

Learned counsel points out that Criminal Bail Application No.S-785/2020 in the same crime is also pending which may be tagged with this application. Office is directed to fix the aforesaid bail application with this application on the next date of hearing.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Criminal Miscellaneous Application No.S-411 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

1.For orders on urgent application (M.A 5779/2020) 2. For orders on office objection.

3.For orders on exemption application (MA 5780/2020) 4. For hearing of main case.

Mr. Shahid Hussain Bhurgri advocate for applicant.

1.Granted.

2.Learned counsel for the petitioner undertakes to comply the office objection within a week.

3.Exemption is granted subject to all just exceptions.

4.Notice to the respondents as well as learned Additional Prosecutor General Sindh for 13.10.2020.

Learned counsel points out that Criminal Bail Application No.S-785/2020 in the same crime is also pending which may be tagged with this application. Office is directed to fix the aforesaid bail application with this application on the next date of hearing.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Criminal Miscellaneous Application No.S-411 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

1.For orders on urgent application (M.A 5779/2020) 2. For orders on office objection.

3.For orders on exemption application (MA 5780/2020) 4. For hearing of main case.

Mr. Shahid Hussain Bhurgri advocate for applicant.

1.Granted.

2.Learned counsel for the petitioner undertakes to comply the office objection within a week.

3.Exemption is granted subject to all just exceptions.

4.Notice to the respondents as well as learned Additional Prosecutor General Sindh for 13.10.2020.

Learned counsel points out that Criminal Bail Application No.S-785/2020 in the same crime is also pending which may be tagged with this application. Office is directed to fix the aforesaid bail application with this application on the next date of hearing.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P. No.S-394 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

1.For orders on M.A 1014/2020

2.For orders on office objection

3.For orders on M.A 1015/2020

4.For orders on M.A 1016/2020

5.For hearing of main case

Mr. Muhammad Haneef Soomro advocate for petitioner.

1.Granted.

2.Learned counsel for the petitioner undertakes to comply the office objection within a week.

3.Exemption is granted subject to all just exceptions. 4&5. Notice to the respondents as well as learned Additional Advocate General Sindh for 21.10.2020.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P. No.S-293 of 2009

DATE ORDER WITH SIGNATURE OF JUDGE

For further orders.

Mr. Badal Gahoti, Advocate for petitioner.

Mr. Muhammad Ismail Bhutto, Addl.A.G.

Since the matter is already disposed of, no further orders are required. Office is directed to consign this case to the record room.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P. No.S-1895 of 2017

C.P No.S-1896 of 2017

DATE ORDER WITH SIGNATURE OF JUDGE

Mr. Muhammad Saleem Hashmi Qureshi, Advocate for petitioner.

Syed Babar Ali Kazmi advocate for respondent No.1 along with respondent No.1.

By consent matter is adjourned to 20.10.2020.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P. No.S-527 of 2018

DATE ORDER WITH SIGNATURE OF JUDGE

1.For orders on statement (withdrawal)

2.For hearing of MA 1512/2018

3.For hearing of main case

Syed Babar Ali Kazmi advocate for petitioner.

1to3. Learned counsel for the petitioners under instructions does not press this petition, which is accordingly dismissed as not pressed along with pending application(s).

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

R.A. No.107 of 2019

DATE ORDER WITH SIGNATURE OF JUDGE

Mr. Ahsan Zahoor Baloch advocate for applicants.

Mr. Muhammad Ismail Bhutto, Addl.A.G.

Learned counsel for the applicants is directed to comply the orders contained in order dated 31.08.2020. Adjourned.

JUDGE

Ali Haider

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Criminal Miscellaneous Application No.S-353 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

Mr. Hasnain Nizamani advocate for respondent No.4.

Ms. Safa Hisbani, Assistant P.G for the State.

Mr. Muhammad Zainuddin Baloch advocate holding brief on behalf of Mian Taj Muhammad Keerio, advocate for applicant, states that the latter is busy before another bench of this court and requests for adjournment. Adjourned to a date in office.

JUDGE

Ali Haider

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