1. The appellants were tried under sections 302, 394 P.P.C. in Crime No,11/99 of Police Station Jhok Sharif Thatta. However, during the pendency of the trial amendment in Anti-Terrorism Act, 1997 was, brought about through Ordinance No, XXXIX of 2001, which took , out offence of vehicle snatching out of the ambit of the offence covered under Anti-Terrorism Act, 1997. Hence all such cases in terms of section 39-B(2)(e) were to be transferred to the respective Courts of the Session of the area. This has been held in the case of "Ghazi Khan v. The State" reported PLD 2003 Karachi 71 and similar view has been taken in subsequent case reported in PLD 2005 Karachi 18. We have also noted that at the time of alleged incident of murder only such cases were covered under Anti- Terrorism Act, 1997 in which automatic and semi-automatic weapon are used. In the present case Pistol was used in the commission of the murder.
2. Hence on both these grounds the matter ought has been transferred to the Sessions Court of the area for its trial. We, therefore, set aside the judgment and remand the case to the Court of appropriate jurisdiction for its trial.
3. We are shown the Jail Roll which shows that appellants are in custody for about 11 years and 15 days. This period do not take into account remissions. Learned A.P.-G. upon inquiry states that a period about 6 years remission has been granted during the period when the appellants were in custody. Keeping in view the long sentence that the appellants have undergone and on the point of jurisdiction the matter is to be referred back to the Court having jurisdiction for retrial, we therefore, grant bail to the appellants upon furnishing surety in the sum of Rs,200,000 (Rupees two lacs only) and P.R Bond in the like amount, to the satisfaction of trial Court. The trial Court shall conclude the trial within a period of one year.