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2007 YLR 860(1)

ALI NAWAZ vs THE STATE

Citation2007 YLR 860(1)
CourtSindh High Court
Case No.Criminal Revision Application No,S-61 and M.As. Nos. 1045 to 1047 of 2006
Date2006-07-12
Judge(s)Munib Ahmed Khan
ResultApplication allowed

ORDER

1. MUNIB AHMED KHAN, J.- Granted.

2. Granted subject to all just exceptions.

2. 3 & 4. Learned counsel submits that the accused was arrested on 11-7-2003 under the charge of 13- D of the Arms Ordinance within the area of Police Station Rukkan. He was granted bail by the trial Court but finally he was convicted for one year sentence and fine Rs,5,000 by its order dated 10-5- 2006 and was remanded to jail. He further states that against the said order appeal filed by the applicant was dismissed by the Sessions Judge, Dadu, by his judgment dated 27-6-2006 and during that period he remained in Jail and so far he was confined in the Jail for about three months.

3. ' Learned counsel contended that there was no private witness while the accused was allegedly arrested from the bus stand. He further submitted that there is material contradiction in the evidence of prosecution witnesses which were not appreciated by the learned trial Court or even by the appellate Court and that the accused was also falsely involved in another case, related to this case but he was acquitted from that case.

4. Admit. Notice. Meanwhile the operation of the impugned judgment of the Sessions Judge dated 27 6-2006 is suspended subject to furnishing of surety in the sum of Rs,50,000 (Fifty thousand) and P.R. Bond in the' like amount to the satisfaction of Additional Registrar of this Court.

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