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2017 YLR 1248

ABU BAKAR vs IIND ADDITIONAL SESSIONS JUDGE, DADU and 2 others

Citation2017 YLR 1248
CourtSindh High Court
Case No.Cr. Tr. Application No, S-64 of 2014
Date2016-02-01
Judge(s)Muhammad Iqbal Kalhoro
ResultApplication dismissed

ORDER

1. ' MUHAMMAD IQBAL KALHORO, J.---Applicant, who is accused in Sessions Case No,189 of 2013 bearing Crime No,31 of 2013 pending before the IInd Additional Sessions Judge, Dadu, is seeking transfer of his case from Dadu to Hyderabad. The ground taken by him in support of this application is that at Dadu he is receiving threats from the complainant party who are influential persons. In addition to above, his Counsel has stated that at Dadu, the applicant cannot engage the Counsel of his choice to defend him due to influence of the complainant party.

2. ' Mr. Aslam Sipio, Advocate appearing on behalf of the complainant has opposed this application on the ground that mere allegations of threats have been leveled against the complainant without substantiating them. He further states that the applicant himself is causing delay in proceedings with the trial. According to him, the complainant is an educated person who by profession is an advocate, practicing at Karachi and being a law abiding person he cannot think of issuing threats.

3. He further states that the applicant is confined in District Prison, Dadu. Transfer of the case to Hyderabad or Jamshoro District would cause un-bearable inconvenience to the complainant party and his witnesses who are residing at Dadu and would un-necessary delay the trial.

4. ' Mr. Shahzada Saleem Nahiyoon, A.P.G. Has also opposed to the grant of this application.

5. ' I have heard all the parties and perused the record. The ground cited by the applicant is that at Dadu he cannot adequately and properly defend the case against him on account of alleged influence of the complainant party. Learned counsel for the complainant has produced the copy of case Diary dated 25.11.2015, which shows that the applicant himself had submitted an application for withdrawal of power of his counsel and since then, I am informed, he has not engaged any counsel. As per contentions, the trial of the case is continuing, wherein the Medico Legal Officer has already been examined by the trial Court. No proof of any threats allegedly caused to the applicant or his other family members has been shown. Even the applicant does not allege that in this regard he has communicated any intimation to the trial Court. The applicant is confined in District Prison, Dadu and transfer of this case from Dadu to Hyderabad would obviously cause inconvenience and delay. On the vague grounds such as above, no case is made out for transfer. Accordingly, this application is dismissed.

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