ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Criminal Revision Appln. No. S- 02 of 2021.

Date of hearing

Order with signature of Judge

01.02.2021.

1.         For orders on M.A. No. 403/2021 (U/A).

2.         For orders on office objections.

3.         For hearing of M.A. No.93/2021 (U/S: 426 Cr.P.C).

4.         For hearing of main case.

            Mr. Muhammad Ali Pirzada, Advocate for applicant.

            Mr. Muhammad Noonari, Deputy Prosecutor General.

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1.         Learned counsel pleads urgency. As such, urgent application is allowed and matter is taken up.

2.         Deferred for the time being.

3.         Through instant application, applicant Wazir Ali Sangah has sought for suspension of the sentence awarded to him by learned trial Court i.e. Civil Judge and Judicial Magistrate-I, MTMC, Kamber, vide judgment 06^th December, 2019, whereby he was convicted and sentenced to suffer R.I for six months and to pay fine of Rs.500,000/- and in default to undergo S.I for 45 days more for offence under Section 489-F P.P.C in Criminal Case No.93/2019 re; State v. Wazir Ali Sangah, arisen out of Crime No.94/2019 of P.S Kamber City. The aforesaid conviction and sentence was upheld by learned Appellate Court i.e. Additional Sessions Judge-II, Kamber, vide its judgment dated 01.01.2021.

            Learned counsel for applicant contends that the applicant was on bail during trial as well as during pendency of appeal and that since the sentence is short one, and the hearing of appeal will take time, therefore, the sentence awarded to applicant may be suspended till decision of this revision application and applicant may be enlarged on bail. Learned counsel placed his reliance upon case of Abdul Hameed v. Muhammad Abdullah and others (1999 SCMR 2589).

            Learned D.P.G appearing for the State raised no objection to grant of application in view of the fact that the sentence awarded to the applicant is short one and that he was on bail during trial.

            Since, the sentence is short one; the revision has been admitted for hearing and definitely its hearing will take time. Accordingly, the sentence awarded to applicant vide impugned judgment is hereby suspended and the applicant 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.

4.         Adjourned to 01.03.2021.

                                                        JUDGE

Ansari