FARHAT NAZ Versus UMAR HAYAT

ORDER

1. This bail application was moved on behalf of the applicant Kaleem Ahmed alias Hakeem Ahmed son of Naseem Ahmed and Muhammad Nafees son of Muhammad Rafique who are detained in F.I.R. Crime No.215/93 for having committed offences under section 147, 148, 149, 435, P.P.C. read with section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 and 324, Qisas and Diyat Ordinance, registered at Police Station Ibrahim Hyderi.

2. A bail application was filed before the trial Court/Vth Additional Sessions Judge, Karachi, East but the same was rejected on the ground that the trial Court lacks jurisdiction in this matter, as the case was exclusively triable by the Special Court Suppression of Terrorist Activities. The trial Judge while referring to section 4 of the S.TA. Act, 1975 and clause "C" of the, schedule appended thereto, came to the conclusion that the offence under sections 302 and 307 now re-numbered as 324, P.P.C. coupled with the offence punishable under the Arms Ordinance, 1965, if committed in the course of same transaction or in addition to or in combination with such offences, all become scheduled offences by virtue of section 4 of the said Ad and, therefore, the Court of Sessions will have no jurisdiction in the matter.

3. The learned counsel for the applicant was unable to point out as to how the view taken by the trial Court was erroneous. The learned Vth Additional Sessions Judge, Karachi East has rightly come to the conclusion I that it has no jurisdiction in this matter. Faced with this position, the learned counsel for the applicant did not wish to press this application any more. Accordingly, this bail application is dismissed as not pressed.

4. N.H.Q./K-356/K Petition dismissed.