ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

Cr. Jail Appeal No.D-18 of 2016.

DATE        ORDER WITH SIGNATURE OF JUDGE

For hearing of M.A.No.2674/16.

28.06.2016.

                        Ms. Nasira Shaikh, Advocate for appellant

  Mr. Amjad Ali Sehto, Special Prosecutor ANF .

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            During pending adjudication of this Criminal Jail Appeal, the application under Section 426 Cr.P.C has also been moved by the counsel for the appellant. The appellant was convicted in Special Case No.42 of 2014 (FIR No.10 of 2014), under Section 9-C CNS Act, 1997.

            After trial, appellant Azizullah was awarded sentence to suffer Rigorous Imprisonment of Four (04) years and Six (06) months, and to pay fine of Rs.20,000/=. The Jail Roll dated 24.6.2016 is available on record, which shows the unexpired portion of sentence of the appellant “02” years, “05”months and “23” days, while he has served substantive portion of his sentence about one year and “11” months and awarded remission of “05” months and “26” days. Since, this appeal has been filed in the year 2016, though paper book has been prepared, but due to huge backlog of the cases, this appeal will take considerable time to decide.

Learned Special Prosecutor ANF, has raised objection, but he could not controvert the jail roll as well as the sentence served out by the appellant and remaining unexpired portion of sentence. 

            In view of the above, we are inclined to suspend the operation of the sentence and grant the bail to the appellant subject to furnishing solvent surety in the sum of Rs.100,000/= 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 immediately after Summer Vacations.  

            The application stands dispose of.

JUDGE

JUDGE

Ahmed/Pa