ORDER SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT COURT, LARKANA

Criminal Appeal No.S-02 of 2022

DATE                                    ORDER WITH SIGNATURE OF JUDGE

1. For orders on M.A.No.82/2022 (426  Cr.PC).

2. For hearing of main case.

07.02.2022.

Mr. Abdul Rehman Bhutto, Advocate for the appellant.

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

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            Heard arguments.

            The appellant for being in possession/transporting the substance to be used for preparation of Gutka, was convicted u/s. 8 r/w Section 4 & 5 of Sindh Prohibition of Preparation, Manufacturing, Storage, Sale and Use of Gutka and Manpuri Act, 2019,  and was sentenced to undergo R.I for two years with fine of Rs.200,000/- and in default whereof to undergo S.I for six months, by learned Additional Sessions Judge-I, Shahdadkot, vide judgment dated 14.12.2021, which is impugned by the appellant by preferring an appeal, which is admitted to regular hearing and in the meanwhile, the appellant has sought for suspension of sentence and his release on bail, mainly for the reasons that the sentence is short one; hearing of appeal is likely to take time and he was enjoying the concession of bail at trial, which is not opposed by learned Addl.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 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.82/2022 is disposed of accordingly. The appeal is adjourned to date in office.                                                                                                                              JUDGE