ORDER SHEET

THE HIGH COURT OF SINDH AT KARACHI

Criminal Revision Application No.68 of 2016

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Date                     Order with Signature(s) of Judge(s)

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1. For orders on M.A. No.5820/2016

2. For orders on Office Objection

3. For hearing of Main Case

4. For hearing of M.A. No.4353/2016

20.06.2016.

Mr. Muhammad Shahid Advocate for Applicant

Mr. Muhammad Iqbal Awan APG

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1.       Urgent application is disposed of.

2.       Deferred for the time being.

4.       It appears from the record that applicant has filed this revision application against the conviction meted out to him vide Judgment dated 19.02.2016, passed by the III-Assistant Sessions Judge, District Central, Karachi in Sessions Court No.1054/2014, under Section 392 R/W Section 34 to suffer three years rigorous imprisonment with fine of Rs.15,000/- and in default of whereof to suffer thirty days more S.I. with benefit of Section 382-B Cr.P.C. The appellant’s conviction was upheld by the appellate Court in criminal appeal No.02/2016 vide impugned Judgment dated 21.04.2016.

          It also appears from the record that notice of this revision application was issued to the Prosecutor General, Sindh, who is present in Court today. Alongwith this revision application, an application under Section 426 Cr.P.C. has also been filed by the counsel for applicant, which is fixed today for hearing, whereby learned counsel for applicant seeks suspension of the sentence awarded to the applicant for three years and fine of Rs.15000/-. Learned counsel for applicant submits that sentence passed against the applicant is short one and disposal of this revision application would take some time. He further submits that applicant was on bail before trial Court before his conviction but he did not jump the bail bond. Therefore, he prays for grant of bail while suspending the sentence of the applicant. In support of his contention he relied upon the case of Abdul Hameed v. Muhammad Abdullah reported in 1999 SCMR 2589.

          Learned APG appearing for State, in view of dictum laid down in the case of Abdul Hameed (Supra) has recorded his no objection to suspension of sentence. Learned APG also submits that applicant was on bail before his conviction.

          Keeping in view the short sentence and that disposal of this revision application may take some time and the evidence of the prosecution witnesses and observations of the trial Court are still to be re-appreciated and re-evaluated, therefore, reliance on the case of Abdul Hameed (Supra), the sentence awarded to the applicant is suspended. Let the applicant be released on bail on furnishing solvent surety in the sum of Rs.50,000/- and P.R. bond in the like amount to the satisfaction of the Nazir of this Court.

          With this observations, instant application stands disposed of.

3.       Adjourned to 13.07.2016, for hearing of main revision application.

JUDGE

Faizan/