ORDER SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT COURT, LARKANA

Criminal Appeal No.S-28 of 2021

DATE                                    ORDER WITH SIGNATURE OF JUDGE

1. For orders on M.A.No.7189/2021 (U/A)

2. For orders on office objection “A”

3. For orders on M.A.No.1984/2021 (426 Cr.PC).

4. For hearing of main case.

12.11.2021.

Mr. Mumtaz Ali Brohi, Advocate for the appellant.

Mr. Abdul Ghaffar, A.P.G for the State.

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            Heard arguments.

            The appellant for being in possession of an unlicensed Pistol of 30 bore with magazine containing four live bullets of same bore, after due trial has been convicted and sentenced u/s.23 of Sindh Arms Act, 2013, to undergo R.I for five years with fine of rupees thirty  thousand, with benefit of Section 382-B Cr.PC, by learned Assistant Sessions Judge, Khairpur Nathan Shah, vide judgment dated 24.03.2021, which has been impugned by the appellant by preferring an appeal, it has been admitted to regular hearing and in the meanwhile, the appellant has sought for suspension of his sentence and his release on bail, mainly for the reason that the sentence awarded to him is short one; he has already remained in custody for more than one year and hearing of his appeal is likely to take time, which is not opposed by learned A.P.G for the State.

                        In view of above, while relying upon case of Abdul Hameed Vs. Muhammad Abdullah and others (1999 SCMR 2589), the sentence awarded to the appellant is suspended, consequently, he is admitted to bail subject to his furnishing surety in sum of Rs.50,000/- and P.R bond in the like amount to the satisfaction of Additional Registrar of this Court.

                        The listed application (M.A.No.1984/2021) is disposed of accordingly.

Adjourned to date in office for hearing of main appeal.                                                                                   JUDGE