ORDER SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal.No.D-08 of 2021.

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DATE                                       ORDER  WITH  SIGNATURE  OF  HON’BLE  JUDGE

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Before:

Mr. Justice Irshad Ali Shah,

 Mr. Justice Shamsuddin Abbasi,

01. For orders on office objection “A”.

02. For orders on M.A.No.1214/2021 (426  Cr.PC)

03. For hearing of main case.

17.11.2021

                        Mr. Mujahid Ali Jatoi, Advocate for the appellant.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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            The appellant for being in possession of 04 K.Gs of Charas has been convicted and sentenced under section 9 (c) of CNS Act, 1997,  to undergo rigorous imprisonment for six years with fine of rupees thirty thousand and in default whereof, to undergo simple imprisonment for six months, by learned Sessions/Special Judge (CNSA), Shikarpur, vide judgment dated 09.03.2021, which has been impugned by the appellant before this Court by preferring the instant criminal appeal and in the meanwhile, he has sought for suspension of his sentence for the reason that he has already undergone substantial sentence and hearing of his appeal is likely to take time, which is opposed by learned A.P.G for the State. 

            We have considered the above arguments and perused the record.

            The appellant as per Jail Roll has already undergone 01 year, 07 months and 12 days of substantial sentence. Besides this, he has also earned remission of 09 months and 09 days. In that way, the appellant approximately has undergone almost half of his imprisonment. The hearing of his appeal is likely to take time, therefore, while relying upon case of Makhdoom Javed Hashmi Vs. The State [2007 SCMR 1844], the sentence awarded to the appellant is suspended, consequently, he is directed to be released on 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.1214/2021) is disposed of accordingly. Adjourned to date in office for hearing of main appeal.

                                                                                                                        JUDGE

                             JUDGE