ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Criminal Appeal No.S-06 of 2021

DATE                         ORDER WITH SIGNATURE OF JUDGE

1. For hearing of M.A.No.510/2021 (426 Cr.P.C.).

2. For hearing of main case.

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08.03.2021

Qazi Sajid Ali M. Qureshi, Advocate for the Appellant.

Mr. Abdul Rasheed Abro, Assistant Attorney General for Pakistan.

Mr. Muhammad Ramzan Chandio, Deputy Manager/Law Officer, SSGC. R.O Larkana.

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                        Through instant application (M.A.No.510/2021) filed under section 426 Cr.P.C., appellant namely Zahid Ali Mastoi seeks suspension of sentence awarded to him by the learned Sessions Judge/Special Judge for Utility Court, Larkana in Special Case No.14 of 2019, emanating from Crime No.56 of 2019, registered at Police Station Civil Lines, for offence under section 15, 17, 24 Gas Theft Control and Recovery Act, 2016.

                        Learned counsel for the appellant has mainly contended that the sentence awarded to the appellant by the learned Trial Court is five years, which is short one and the appellant was on bail during trial.  He further submitted that the appellant had paid Rs.3,50,000/- during trial and after judgment an amount of Rs.1,00,000/- has also been deposited on his behalf, for which learned counsel has placed on record Bank Draft B.C.No.5832772, Stationery / Ref. No.108197653 dated 08.03.2021, duly acknowledged by the Incharge DCM, SS&CGTO, Larkana dated 08.03.2021 and further submits that the remaining amount would be deposited within four months.  In support of his contentions, he has relied upon the case law reported as Abdul Hameed v/s. Muhammad Abdullah (1999 SCMR 2589) and an unreported order of this Court dated 20.07.2020, passed in Criminal Appeal No.S-18 of 2020.

                        Mr. Muhammad Ramzan Chandio, Deputy Manager/Law Officer, SSGC Regional Office, Larkana has filed his memo of appearance on behalf of the complainant-SSGC and has admitted that the amount as stated by the learned counsel for the appellant has been received by the SSGC and he has no objection for suspension of sentence if the remaining amount would be deposited within three months.  Learned Assistant Attorney General for Pakistan has also conceded the same submissions made by the counsel for the complainant.

                        I have heard learned counsel for the parties and have perused the material available on record with their able assistance.   Since the sentence is short one for five years, the appeal has been admitted for regular hearing and definitely it will take time due to pendency of bulk of cases and there is no probability of early hearing of instant appeal, therefore, the sentence awarded to the appellant vide Judgment dated 26.01.2021 is hereby suspended and the appellant is admitted to bail on his furnishing a solvent surety in the sum of Rs.200,000/- (Rupees Two Hundred Thousands only) and P.R.Bond in the like amount to the satisfaction of Additional Registrar of this Court. The appellant is directed to deposit the remaining amount within six months; however, it is made clear that in case of non-compliance, the complainant/SSGC may file application for cancellation of relief granted to the appellant.

                        M.A.No.510/2021 stands disposed of in the above terms.

    Judge

Manzoor