ORDER SHEET

IN THE HIGH COURT OF SINDH,

  CIRCUIT COURT, HYDERABAD.

Cr. Appeal No.S-141 of 2015.  

DATE                        ORDER WITH SIGNATURE OF JUDGE

For hearing of M.A. No.7964 of 2015.

20.10.2015.

Mr. Nazeer Ahmed Bhatti, Advocate for the appellant.

Syed Meeral Shah, Deputy Prosecutor General.

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NAIMATULLAH PHULPOTO, J.-Appellant/accused Muhammad Nadeem was tried by learned Special Judge, Anti-Corruption (Provincial) Hyderabad @ Camp Badin, in Special case NO.113 of 2010 (arising out of Crime 02/2009 of Police Station ACE Badin, under section 161 PPC read with section 5(2) of Prevention of Corruption Act-II, 1947). By judgment dated 29.09.2015, the appellant was convicted under section 161 PPC and sentenced to suffer 02 years R.I. He was also convicted under section 5(2) of Prevention of Corruption Act-II, 1947 and sentenced to suffer 03 years R.I. and to pay fine of Rs.100,000/-, in case of non-payment of fine he was ordered to undergo S.I. for 01 year more.

2.       Thereafter, instant appeal is filed. Alongwith the appeal, application under section 426 Cr.P.C. is also filed. Notice was issued to the A.P.G.

3.       Learned counsel for the appellant mainly contended that the sentence of 03 years is short one. He has further submitted that appellant was on bail during trial. That hearing of appeal will take some time In support of his contentions, learned counsel for the appellant has placed reliance on the cases of Nazeer Ali v. State (2011 Y L R 403 (Karachi), Zaffar v. State (2015 CrLJ 442) and Abdul Hameed v. Muhammad Abdullah (1999 S C M R 2589).

4.       Learned D.P.G. appearing on behalf of the State in view of the short sentence has recorded no objection to the suspension of sentence.

5.       I have carefully heard the learned counsel for the parties and perused the relevant record.

6.       It appears that appellant has been convicted and sentenced for 03 years R.I; sentence is short. Moreover, appellant was on bail during trial of the case. Hearing of appeal will also take some time. Learned D.P.G. has recorded no objection. While relying upon above cited authorities, sentence awarded to the appellant vide impugned judgment dated 29.09.2015 is suspended during pendency of appeal and the appellant shall be released on bail subject to furnishing solvent surety in the sum of Rs.100,000/- (Rupees one lac) and P.R. Bond in the like amount to the satisfaction of the Additional Registrar of this Court.

          Listed application stands disposed of.

                                                                                           JUDGE

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