ORDER SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT COURT, LARKANA

Criminal Appeal No.S-76 of 2021

DATE                                    ORDER WITH SIGNATURE OF JUDGE

1. For hearing of M.A.No.6018/2021 (426 Cr.PC).

2. For hearing of main case.

15.11.2021.

Mrs. Akhtiar Begum, Advocate for the appellants.

Mr. Noorullah Gulsher Khan Rind, Advocate for complainant.

Mr. Aitbar Ali Bullo, D.P.G for the State.

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            The appellants have been convicted and sentenced to undergo for various terms of imprisonment, spreading over one year with fine  with benefit of Section 382-B Cr.PC, by learned 1^st Additional Sessions Judge/MCTC, Qamber, vide judgment dated 21.10.2021, which has been impugned by the appellants before this Court by preferring an appeal, it has been admitted to regular hearing and in the meanwhile, the appellants have sought for suspension of their sentence and their release on bail, mainly for the reason that the sentence awarded to them is short one; they were already enjoying concession of bail before passing of the impugned judgment.

            Learned D.P.G for the State has recorded no objection to suspension of sentence awarded to the appellants, however, learned counsel for the complainant has opposed to suspension of sentence awarded to the appellants by contending that a revision application for enhancement of their sentence is pending decision before this Court.

            I have considered the above arguments and perused the record.

            The appellants admittedly were enjoying concession of bail before passing of  the impugned judgment, the sentence awarded to them is short one and hearing of their appeal is likely to take time, in that situation, they could not be denied concession of bail only for the reason that a revision application for enhancement of their sentence is pending decision before this Court, therefore, while relying upon case of Abdul Hameed Vs. Muhammad Abdullah & others (1999 SCMR-2589), the sentence awarded to the appellants is suspended, consequently, they are admitted to bail subject to their furnishing surety in sum of Rs.30,000/- each and P.R bond in the like amount to the satisfaction of Additional Registrar of this Court.

                        The listed application (M.A.No.6018/2021) is disposed of accordingly.

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