ORDER SHEET

IN THE HIGH COURT OF SINDH,

  CIRCUIT COURT, HYDERABAD.

Cr. Appeal No.S-138 of 2015.  

DATE                        ORDER WITH SIGNATURE OF JUDGE

For hearing of M.A. No.7917 of 2015.

28.10.2015.

Mr. Arshad Jamal Siddiqui, Advocate for the appellant.

Mr. Shahid Ahmed Shaikh, A.P.G.

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NAIMATULLAH PHULPOTO, J.- Appellant/accused Eshwar Lal was tried by learned Special Judge, Anti-Corruption (Provincial) Hyderabad at Camp Thatta, in Special case NO.33 of 2008 (arising out of Crime 02/2007 of Police Station ACE Thatta, under sections 409, 420 PPC read with section 5(2) of Prevention of Corruption Act-II, 1947). By judgment dated 11.09.2015, the appellant was found guilty and convicted under sections  409, 420 PPC read with section 5(2) of Prevention of Corruption Act-II, 1947 and sentenced to suffer 03 years R.I. and to pay fine of Rs.48,066/-. In case of default of payment of fine, the appellant was ordered to suffer S.I. for six months 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; appellant was on bail during trial of the case; hearing of the appeal will take some time. In support of his contentions, learned counsel for the appellant relied upon Abdul Hameed v. State (1999 S C M R 2589).

4.       Learned A.P.G. concedes to the contentions raised by learned counsel for the appellant on the ground that sentence is short one.

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

6.       The sentence awarded to the appellant is 03 years R.I. which is s`hort one; appellant was on bail during trial of the case; hearing of appeal will also take some time; learned A.P.G. has recorded no objection. While relying upon above cited authority, operation of sentence 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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