Roshan Ali Shaikh (Applicant) VS Meer Muhammad @ Meeran Shaikh (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Misc. Application No. S- 718 of 2025 (Roshan Ali Shaikh vs. Meer Muhammad)

Date of hearing Order with signature of Judge

For hearing of main case.

Mr. Alam Sher Bozdar, Advocate for Applicant.

Mr. Abdul Mujeeb Shaikh, Advocate for Respondnet Mr. Muhammad Raza Katohar, D.P.G

Suresh Kumar,J. Through instant Crl Misc. Application under section 497(5) Cr.P.C, the applicant seeks cancellation of pre-arrest bail granted to respondent by learned Additional Sessions Judge-I Ghotki vide order dated 05.11.2025 in crime No.292/2025 registered at Police Station ‘A’ Section Ghotki.

2.Facts as per record are that respondent/accused has instigated co- accused persons who made fires from their weapons upon son and nephew of complainant who sustained fire arm injuries, besides that he has made fire upon Feroze when he resisted during incident (detailed facts are already available in FIR).

3.The learned counsel for the applicant has contended that the applicant has been assigned the role of instigation and firing upon Feroze.

It is also contended that the ocular version is supported by medical evidence. He has also contended that there is no mala fide on the part of complainant /police to falsely implicate applicant in this case and such factor has been ignored by learned Additional Sessions Judge while passing the impugned order. Lastly, he has contended that the impugned

order is perverse and contrary to the material on record and the principles governing the grant of bail; therefore, the bail granted to the respondent may be cancelled.

4.The learned counsel for the respondent/accused has contended that the injuries sustained, allegedly attributed to the accused, are on a non-vital part of the body, and the delay of 30 days casts serious doubt on the involvement of the accused. He has also conceded that the order passed by the learned lower court is well-reasoned and adheres to the settled principles governing the grant of bail. He has relied upon the cases of Samiullah and another v. Laiq Zada and another (2020 SCMR 1115) and Khalil Ahmed Soomro v. The State (PLD 2017 Supreme Court 730).

5.Having given due consideration to the arguments advanced by counsel for parties and perused impugned order.

6.Before discussing the merits of the bail application, it would be appropriate to take a glance at the law related to the cancellation of bail.

Although bail is a concession granted to secure the liberty of an accused pending trial, it is not an unqualified right and may be withdrawn if the concession is misused. Cancellation of bail may be warranted where the accused attempts to influence or intimidate witnesses, tampers with prosecution evidence, commits another offence while on bail, violates conditions imposed by the court, absconds from the trial proceedings, or where subsequent facts emerge that materially alter the basis upon which bail was granted. Likewise, interference with a bail granting order may be justified where the order is patently perverse, arbitrary, capricious, passed against the weight of the material available on record, or in clear disregard of the settled principles governing the grant of bail. In this regard, reliance is placed upon the case of Samiullah and another v. Laiq Zada and another (2020 SCMR 1115).

7.So far as the role attributed to respondent No. 1 is concerned, he allegedly fired upon Feroze, which hit a non-vital part of the body. Apart from this, the applicant/accused was nominated by the complainant 30 days after the incident; therefore, the learned Additional Sessions Judge has rightly held that consultation and deliberation before the registration of the FIR cannot be ruled out. No useful purpose is ordinarily served by sending him to judicial custody, followed by the extension of the concession of post-arrest bail. Even otherwise, the settled principle is that the liberty of a person should not be curtailed unnecessarily where the circumstances of the case justify his release on bail. In this regard, reliance is placed upon the cases of Khalil Ahmed Soomro and others v.

The State (PLD 2017 Supreme Court 730) and Muhammad Ramzan v.

Zaffarullah (1986 SCMR 1380).

8.For the reasons above and guidance taken from cited case law, I am of the considered view that none of the valid grounds for cancellation of bail are attracted in the facts and circumstances of the present case.

Consequently, this Criminal Misc. Application devoid of merit, is dismissed.

JUDGE

Irfan

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Bail Application No. S- 616 of 2024

Date of hearing Order with signature of Judge Application in Disposed of case.

For orders on MA No.6408/2024 (R/surety)

Mr. Permanand Advocate for complainant.

Syed Sardar Ali Shah, Additional Prosecutor General.

None present for applicant, no intimation received. Same was position on the last two consecutive dates which shows that applicant and his counsel have lost interest to pursue listed Application No.6408/2024. Accordingly listed application being MA No.6408/2024 is dismissed for non-prosecution.

JUDGE

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Misc. Application No. S- 751 of 2024

Date of hearing Order with signature of Judge

1.For orders on office objections.

2.For hearing of main case.

Mr. Muhammad Raza Soomro, Advocate for the Applicant.

Syed Sardar Ali Shah, Additional Prosecutor General along with SIP Ali Sher Shaikh SHO of PS ‘A’ Section Khairpur and SIP Ghulam Asghar Ujjan on behalf of S.S.P Khairpur

Respondent No.3 files statement along with photocopies of 164 Cr.P.C statement of alleged detenue Mst. Salma and order dated 07.01.2025 passed by Civil Judge & Judicial Magistrate/Consumer Protection Court, Khairpur which reflect that alleged detneue Mst. Salma along with her minor son Hubdar was produced before concerned Magistrate where statement of Mst. Salma under section 164 Cr.P.C was recorded in sindhi language wherein she stated that she has not been kidnapped by anyone and after her recording statement she was set at liberty to go on her own accord with her mother-in-law Shamim Akhter.

After apprising such facts, counsel for applicant does not press instant Criminal Misc. Application and submits that he will avail the remedy available to him before the competent forum under law. Order accordingly.

JUDGE

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Misc. Application No. S- 713 of 2024

Date of hearing Order with signature of Judge

For hearing of main case.

Syed Sardar Ali Shah, Additional Prosecutor General.

Mr. Abdul Haseeb Khuhro, Advocate files vakalatnama on behalf of applicant, taken on record. He seeks time for preparation. Mr. Ajeebullah Junejo Advocate once again seeks time to file vakalatnama on behalf of remaining proposed accused. Time is allowed.

Adjourned to 03.02.2025.

JUDGE

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Misc. Application No. S- 614 of 2024 Date of hearing Order with signature of Judge For hearing of main case.

Mr. Ghulam Nabi Chadhar, Advocate for Applicant. Mr. Manzoor Hussain Chohan, Advocate for Respondents. Syed Sardar Ali Shah, Additional Prosecutor General.

It is pointed out that Criminal Misc. Application No. S-537/2024 arising out of same facts is pending adjudication before this Court. Office is directed to tag Criminal Misc. Application No. S-537/2024 along with this Criminal Misc. Application before the same bench.

Adjourned to 30.01.2025.

JUDGE

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Appeal No. S- 45 of 2024 Criminal Appeal No. S- 55 of 2024 Cr. Acq. Appeal No. S-61 of 2023

Date of hearing Order with signature of Judge

1.For orders on MA No.2236/2024 (426)

2.For hearing of main case.

Mr. Shabbir Ali Bozdar, Advocate for Appellant in Cr. Acq. Appeal No.S-61/2023.

Syed Sardar Ali Shah, Additional Prosecutor General.

None present for appellant in Criminal Appeal Nos.S-45 of 2024 and S-55 of 2024. Respondent No.2 Mst. Izzat Begum Ujjan in Criminal Appeal No. S-45 and S-55 of 2024 is present and submits that her counsel is out of station and seeks time to bring her counsel Time is allowed.

Adjourned to 03.02.2025. Office is directed to place a signed copy of this order in the captioned connected matters.

JUDGE

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Jail Appeal No. S- 06 of 2024

Date of hearing Order with signature of Judge For hearing of main case.

Mr. Rukhsar Ahmed Junejo, Advocate for the Appellant. Syed Sardar Ali Shah, Additional Prosecutor General.

Complainant Ikram Ali is present and submits that he would not engage his counsel as being confident with Additional Prosecutor General. Counsel for appellant seeks time for preparation.

Adjourned to 03.02.2025.

JUDGE

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Jail Appeal No. S- 06 of 2024

Date of hearing Order with signature of Judge For hearing of main case.

Mr. Rukhsar Ahmed Junejo, Advocate for the Appellant. Syed Sardar Ali Shah, Additional Prosecutor General.

Complainant Ikram Ali is present and submits that he would not engage his counsel as being confident with Additional Prosecutor General. Counsel for appellant seeks time for preparation.

Adjourned to 03.02.2025.

JUDGE

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Misc. Application No. S- 786 of 2023 Date of hearing Order with signature of Judge Hearing of case.

1.For orders on MA No. 6606/2023 (U/A)

2.For hearing of main case.

Mr. Noor Hassan Malik, Advocate for applicant. Syed Sardar Ali Shah, Additional Prosecutor General.

Mr. Achar Khan Gabol advocate for private respondents Nos. 2 to 10 is stated to be busy before another bench. Repeat notice to remaining respondents.

Adjourned to 03.02.2025.

JUDGE

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Misc. Application No. S- 786 of 2023 Date of hearing Order with signature of Judge Hearing of case.

3.For orders on MA No. 6606/2023 (U/A)

4.For hearing of main case.

Mr. Noor Hassan Malik, Advocate for applicant. Syed Sardar Ali Shah, Additional Prosecutor General.

Mr. Achar Khan Gabol advocate for private respondents Nos. 2 to 10 is stated to be busy before another bench. Repeat notice to remaining respondents.

Adjourned to 03.02.2025.

JUDGE

Irfan/PA

Suresh Kumar,J. Through instant Crl Misc. Application under section 561-A Cr.P.C, the applicant has impugned the order dated 14.09.2026 passed by learned Additional Sessions Judge-III/Ex Officio Justice of Peace Khairpur, whereby Criminal Revision Application was allowed and the recovered goats were restored to the respondent No.3 Allahdad on furnishing solvent surety in the sum of Rs. 30,000/- and PR bond.

2.I have heard learned counsel for applicant, learned DPG for State and perused the material available on record.

3.Having given due consideration to the arguments advanced by the learned counsel for the respective parties and having perused the relevant record as well as the impugned order, it is revealed from the perusal of the impugned order that the order dated 12.03.2026, passed by the Civil Judge & Judicial Magistrate-I Ubuaro, was set aside and the revision was allowed, resulting in the goats being released on Superdari basis to respondent No. 3. The impugned order is relevant to the issue in question; therefore, the relevant part is reproduced as follows

“ The learned trial Court appears to have handed over

custody goats on last possession without appreciating that

such possession is itself disputed and subject to

adjudication during trial. At the interim stage, the

complainant cannot be deprived of custody merely on the

basis of recovery from accused persons, as it may cause

serious prejudice to his case. The goats recovered from the possession of accused and case properties mentioned in

the challan.

8.In view of above facts and circumstances, I am of

the humble opinion that the impugned order suffers from

misreading and non-reading of material available on

record and has resulted in improper exercise of jurisdiction which warrants interference by this Court under revisional jurisdiction. Consequently, the criminal revision application is allowed. The impugned order dated 12.03.2026 passed

by learned Civil Judge & Judicial Magistrate-I Ubauro is set aside. Criminal Miscellaneous Application NO.05/2026 filed by applicant Allahdad is allowed while Criminal Misc.

Application NO.4/2026 filed by respondent Esoo is

dismissed”.

4.From the perusal of the impugned order, it is found to be well-reasoned. The learned counsel appearing on behalf of the applicant has failed to point out any illegality in the passing of the order. The learned Additional Sessions Judge (MCTC) Ubauro, in the revisional jurisdiction, has rightly handed over the goats on Superdari to the complainant, as the property was shown as stolen in the challan. Moreover, the report submitted by the SHO reveals that he has also supported the ownership of the complainant..

5.For the reasons above, I am of the considered view that Criminal Misc. Application merits no consideration, therefore, the same is dismissed and order dated 11.06.2026 passed by learned Additional Sessions Judge (MCTC) Ubauro is maintained.

JUDGE

Irfan

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Bail Application No. S- 616 of 2024

Date of hearing Order with signature of Judge Application in Disposed of case.

For orders on MA No.6408/2024 (R/surety)

Mr. Permanand Advocate for complainant.

Syed Sardar Ali Shah, Additional Prosecutor General.

None present for applicant, no intimation received. Same was position on the last two consecutive dates which shows that applicant and his counsel have lost interest to pursue listed Application No.6408/2024. Accordingly listed application being MA No.6408/2024 is dismissed for non-prosecution.

JUDGE

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Misc. Application No. S- 751 of 2024

Date of hearing Order with signature of Judge

3.For orders on office objections.

4.For hearing of main case.

Mr. Muhammad Raza Soomro, Advocate for the Applicant.

Syed Sardar Ali Shah, Additional Prosecutor General along with SIP Ali Sher Shaikh SHO of PS ‘A’ Section Khairpur and SIP Ghulam Asghar Ujjan on behalf of S.S.P Khairpur

Respondent No.3 files statement along with photocopies of 164 Cr.P.C statement of alleged detenue Mst. Salma and order dated 07.01.2025 passed by Civil Judge & Judicial Magistrate/Consumer Protection Court, Khairpur which reflect that alleged detneue Mst. Salma along with her minor son Hubdar was produced before concerned Magistrate where statement of Mst. Salma under section 164 Cr.P.C was recorded in sindhi language wherein she stated that she has not been kidnapped by anyone and after her recording statement she was set at liberty to go on her own accord with her mother-in-law Shamim Akhter.

After apprising such facts, counsel for applicant does not press instant Criminal Misc. Application and submits that he will avail the remedy available to him before the competent forum under law. Order accordingly.

JUDGE

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Misc. Application No. S- 713 of 2024

Date of hearing Order with signature of Judge

For hearing of main case.

Syed Sardar Ali Shah, Additional Prosecutor General.

Mr. Abdul Haseeb Khuhro, Advocate files vakalatnama on behalf of applicant, taken on record. He seeks time for preparation. Mr. Ajeebullah Junejo Advocate once again seeks time to file vakalatnama on behalf of remaining proposed accused. Time is allowed.

Adjourned to 03.02.2025.

JUDGE

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Misc. Application No. S- 614 of 2024 Date of hearing Order with signature of Judge For hearing of main case.

Mr. Ghulam Nabi Chadhar, Advocate for Applicant. Mr. Manzoor Hussain Chohan, Advocate for Respondents. Syed Sardar Ali Shah, Additional Prosecutor General.

It is pointed out that Criminal Misc. Application No. S-537/2024 arising out of same facts is pending adjudication before this Court. Office is directed to tag Criminal Misc. Application No. S-537/2024 along with this Criminal Misc. Application before the same bench.

Adjourned to 30.01.2025.

JUDGE

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Appeal No. S- 45 of 2024 Criminal Appeal No. S- 55 of 2024 Cr. Acq. Appeal No. S-61 of 2023

Date of hearing Order with signature of Judge

3.For orders on MA No.2236/2024 (426)

4.For hearing of main case.

Mr. Shabbir Ali Bozdar, Advocate for Appellant in Cr. Acq. Appeal No.S-61/2023.

Syed Sardar Ali Shah, Additional Prosecutor General.

None present for appellant in Criminal Appeal Nos.S-45 of 2024 and S-55 of 2024. Respondent No.2 Mst. Izzat Begum Ujjan in Criminal Appeal No. S-45 and S-55 of 2024 is present and submits that her counsel is out of station and seeks time to bring her counsel Time is allowed.

Adjourned to 03.02.2025. Office is directed to place a signed copy of this order in the captioned connected matters.

JUDGE

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Jail Appeal No. S- 06 of 2024

Date of hearing Order with signature of Judge For hearing of main case.

Mr. Rukhsar Ahmed Junejo, Advocate for the Appellant. Syed Sardar Ali Shah, Additional Prosecutor General.

Complainant Ikram Ali is present and submits that he would not engage his counsel as being confident with Additional Prosecutor General. Counsel for appellant seeks time for preparation.

Adjourned to 03.02.2025.

JUDGE

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Jail Appeal No. S- 06 of 2024

Date of hearing Order with signature of Judge For hearing of main case.

Mr. Rukhsar Ahmed Junejo, Advocate for the Appellant. Syed Sardar Ali Shah, Additional Prosecutor General.

Complainant Ikram Ali is present and submits that he would not engage his counsel as being confident with Additional Prosecutor General. Counsel for appellant seeks time for preparation.

Adjourned to 03.02.2025.

JUDGE

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Misc. Application No. S- 786 of 2023 Date of hearing Order with signature of Judge Hearing of case.

5.For orders on MA No. 6606/2023 (U/A)

6.For hearing of main case.

Mr. Noor Hassan Malik, Advocate for applicant. Syed Sardar Ali Shah, Additional Prosecutor General.

Mr. Achar Khan Gabol advocate for private respondents Nos. 2 to 10 is stated to be busy before another bench. Repeat notice to remaining respondents.

Adjourned to 03.02.2025.

JUDGE

Irfan/PA

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Misc. Application No. S- 786 of 2023 Date of hearing Order with signature of Judge Hearing of case.

7.For orders on MA No. 6606/2023 (U/A)

8.For hearing of main case.

Mr. Noor Hassan Malik, Advocate for applicant. Syed Sardar Ali Shah, Additional Prosecutor General.

Mr. Achar Khan Gabol advocate for private respondents Nos. 2 to 10 is stated to be busy before another bench. Repeat notice to remaining respondents.

Adjourned to 03.02.2025.

JUDGE

Irfan/PA