ORDER SHEET |
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IN THE HIGH COURT OF SINDH, |
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CIRCUIT COURT, HYDERABAD |
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Cr.Appeal No.D-67 of 2016. |
DATE ORDER WITH SIGNATURE OF JUDGE
For hearing of M.A.No.4645/16.
28.06.2016.
Mr. Saad Salman Ghani, Advocate for appellant
Syed Meeral Shah DPG .
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The appellant has impugned the judgment passed by the Special Judge CNS, Tando Allahyar in Special Case No.12 of 2015. The charas measuring 2025 grams was recovered from the possession of the accused, therefore, he was convicted under Section 9-C of CNS Act, 1997, to undergo Rigorous Imprisonment for five years and six months and to pay fine of Rs.25,000/-. The appellant has filed application under section 426 Cr.P.C. for suspension of the sentence on the ground that this is a case of short sentence and sufficient time will be consumed for deciding this appeal merits.
The Jail Roll of the appellant dated 20.6.2016 is available on record, which shows “04” years “05” months and “10” days unexpired portion of sentence of the appellant. It is a fact that this appeal has been registered in the year 2016, and paper book has not been prepared. Due to huge backlog of the cases, this appeal will take considerable time to decide. As this is a case of short sentence and the appellant has already served more than one year five months with remission, therefore, we are inclined to suspend the operation of the sentence.
In view of the facts and circumstances of the case the learned D.P.G. has no objectionif the sentence is suspended and the applicant is released on bail.
In view of the above, the sentence of the appellant is suspended and he is admitted to bail subject to furnishing solvent surety in the sum of Rs.200,000/= with PR bond in the like amount to the satisfaction of the Additional Registrar of this Court. Office is directed to fix this case for regular hearing after preparation of paper book immediately after Summer Vacations.
The application stands dispose of.
JUDGE
JUDGE