NAZAR AKBAR, J.---In compliance of the Court order dated 02.06.2016, SIP Abid Hussain Shah of Police Station ACLC, Karachi has collected the information both about the absconding Appellant and the Surety, Arshad Ali son of Nasir Ali.
2. The criminal history of the Appellant as disclosed in the CROs Wow that the absconding Appellant Mumtaz Khan in Cr. Appeal No,176/2006 was found involved in 10 cases. Copy of the CRO has also been placed on record. The Appellant on perusal of CRO appears to be a hardened criminal and absconding, not only the SHO, ACLC has failed to arrest him despite sufficient time given but I am sure other SHOs of different Police Stations in which other cases were registered must have failed in their duty to apprehend the hardened criminal. The CRO is silent about the status of case mentioned therein.3. SIP, Abid Hussain Shah of Police Station ACLC, Karachi, undertakes that he will arrest the absconding convict by the next date of hearing i,e, 11.08.2016.
4. The surety in this case is the same person who stood surety for different criminals in the following cases.
1. FIR No,275/2015, under section 381-H, Police Station ACLC, Karachi;
2. FIR No,172/2003, under section 392, 34 P.P.C. of Police Station Soldier Bazaar, Karachi; and
3. FIR No,442/2011 under section 302, P.P.C. of Police Station Peerabad, Karachi.
He has furnished surety in the last mentioned FIR by submitting fake and forged documents of a Bus which resulted in registration of FIR No,35/2016 against Surety, Arshad Ali son of Nasir Ali, on the directions of learned IVth Additional Sessions Judge, East Karachi. In the said FIR even an advocate, who had verified the Surety has also been nominated. However, the SHO is unaware of the fate of FIR No,35/2016. The SHO is directed to check the status of surety in FIR No:35/2016 and if he is not on bail he should be arrested.
5. SIP Abid Hussain Shah, SHO Police Station ACLC, Karachi seeks time to verify the surety documents furnished by Arshad Ali in the instant case and also to probe further if the same person is involved in other cases in furnishing fake surety documents.
6. The surety documents furnished by the Surety in this case are the Lease Documents. The Nazir of this Court is directed to sell out the property furnished as surety within 15 days.
7. Before. parting with this order, I must mention that in one of the cases, I have already directed the office of Prosecutor General, Sindh . that in all the cases pending in the High Court, CROs should be obtained on the first date of hearing and placed in Court File. Unfortunately, this direction of the Court has not been complied with, though such information in each case is supposed to be to the advantage of prosecution. CROs invariable contains only crime number and sections of law, but no details are given about cases mentioned in CROs whether pending or disposed of or what is the stage of pending cases in the said cases. Through this order, the Prosecutor General, Sindh, Office is once again reminded to ensure that CROs are available in all pending criminal cases, which contains the status of the cases disclosed in CROs, in various Courts so that at least on reopening of the High Court after summer vacations the criminal cases pending in High Court may not be adjourned for want of CROs or on the ground that the CROs are not available. The office of Prosecution General Sindh is directed to comply with this order on or before 15.07.2016 and submit a comprehensive report giving detail of number of criminal cases in respect of each Appellants/Applicants in which CROs are placed in court files and/or explain the circumstances for not complying with the orders. Such report should be submitted through MIT-II by 16.07.2016. This time non-compliance of this order would be treated as contempt of court. In case CROs are filed by the learned PG, Sindh in compliance of this order, the office is directed to place report/CROs in each file immediately after order sheet. Copy of this order be faxed to the office of Prosecutor General, Sindh and also through bailiff at the earliest.
Adjourned to 11.08.2016.