ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal.No.D-31 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 hearing of M.A.No.7433/2021 (426 Cr.PC).

03.  For hearing of main case.

21.12.2021

Mr. Mazhar Ali Bhutto, Advocate for the petitioner.

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

 

 

 

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            The appellant for being in possession of 140 grams of Charas has been convicted and sentenced under section 9 (b) of CNS Act, 1997,  to undergo rigorous imprisonment for one year and three months with fine of rupees nine thousand and in default whereof, to undergo simple imprisonment for three months, by learned 1st Additional Sessions/Special Judge (N)/MCTC, Dadu, vide judgment dated 10.11.2021, 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 the sentence is short; the appellant was on bail at trial and hearing of his appeal is likely to take time, which is opposed by learned D.P.G for the State. 

            We have considered the above arguments and perused the record.

            In view of above while relying upon case of Abdul Hameed Vs. Muhammad Abdullah & 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.30,000/- and P.R bond in the like amount to the satisfaction of Additional Registrar of this Court.

                        The listed application (M.A.No. 7433/2021) is disposed of accordingly.

Adjourned to date in office for hearing of main appeal.                                                                         

                                                                

JUDGE

                  

JUDGE