ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Appeal No.D-124 of 2011.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For orders on M.A.No.386/2022.

02. For orders on M.A.No.387/2022.

03. For orders on M.A.No.388/2022.

25.01.2022

                        Mr. Muhammad Ali Pirzado, Advocate for the appellant

alongwith appellant.

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

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1.             Urgency granted.

2 & 3.             The appellant for an offence punishable u/s.9(c) of CNS Act, 1997 for being in possession of 05 K.Gs of Charas was convicted and sentenced to undergo R.I for five years and to pay fine of Rs.75,000/- and in default whereof to undergo S.I for one year, with benefit of Section 382-B Cr.PC, by learned Sessions/Special Judge (CNS) Larkana, vide dated 15.10.2011. On filing of appeal, the sentence awarded to the appellant was suspended by this Court and she was released on bail on furnishing surety in sum of rupees One Lac by this Court, vide order dated 17.11.2011. Subsequently, she never turned up and her surety deposited the penal amount of rupees One Lac with the Accountant of this Court and then the very appeal was kept in abeyance to be taken up on her surrender/arrest, vide order dated 10.07.2018.

                       Today, the appellant by way of listed applications has surrendered before this Court and has prayed that she may be allowed to enjoy the concession of bail subject to furnishing fresh surety.

                       It is contended by learned counsel for the appellant that the absence of the appellant before this Court was beyond her control, as she was undergoing “Idat”, after death of her husband, therefore, she to be dealt with leniently by allowing her to enjoy concession of bail on furnishing fresh surety.

                       Learned Addl.P.G for the State waived notice and recorded no objection to above proposition. 

                       We have considered the above arguments and perused record.

                       The appellant being a lady is having little kids and has surrendered voluntarily by explaining her non-appearance before this Court, therefore, she is allowed to enjoy the concession of bail, subject to furnishing fresh surety in sum of Rs.100,000/- and P.R bond in like amount to the stratification of Additional Registrar of this Court.

                       Adjourned to 05.04.2022 for hearing of appeal.   

                                                                                                        JUDGE

                                                                                 JUDGE       .