ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Appeal No. S- 24 of 2018.

Date of hearing

Order with signature of Judge

06.04.2018.

1.       For hearing of case.

2.       For hearing of application under Section 426 Cr.P.C (M.A. No. 970/2018).

          Mr. Muhammad Hashim Soomro, Advocate for appellant.

          Mr. Sharafuddin Kanhar, A.P.G.

          Mr. Safdar Ali Ghouri, Advocate holding brief for Mr. Asif Ali Abdul Razzak Soomro, Advocate for complainant.

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1.       Adjourned.

2.       Learned counsel for the appellant submits that the appellant Taj Muhammad Buriro has been convicted and sentenced to undergo R.I for six months and to pay fine of Rs.25000/- and in case of default in payment of fine to undergo S.I for two months more for offence under Section 225-B P.P.C, vide judgment dated 13.03.2018, passed in Sessions case No.676/2014, Re; State v. Piyar Ali and others, arisen out of F.I.R No.34/2014, registered with P.S Lakhi Gate, Shikarpur. Learned counsel contends that the appellant was on bail during trial and that since the sentence is short one, and the hearing of appeal will take time, therefore, the sentence awarded to appellant may be suspended till decision of the main appeal and appellant may be enlarged on bail. Learned counsel placed his reliance on the case of Abdul Hameed v. Muhammad Abdullah and others (1999 SCMR 2589).

          Mr. Safdar Ali Ghouri, Advocate holding brief for Mr. Asif Ali Abdul Razzak Soomro, Advocate for the complainant submits that a revision application for enhancement of the sentence has been filed before this Court, as such this application for suspension of sentence may be kept pending till disposal of revision application.

          Learned A.P.G opposes grant of application.

          Since, the sentence awarded to appellant is short one; the appeal has been admitted for hearing and definitely hearing of the appeal will take time. Accordingly, the sentence awarded to appellant vide impugned judgment is hereby suspended and the appellant Taj Muhammad Buriro is admitted to bail upon his furnishing solvent surety in the sum of Rs.50,000/- (Fifty thousand rupees) and P.R bond in the like amount before the Additional registrar of this Court.

                                                                JUDGE

Ansari/*