ORDER SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT COURT, LARKANA

Criminal Appeal No.D-36 of 2021

DATE                                    ORDER WITH SIGNATURE OF JUDGE

1. For orders on M.A.No.07/2022 (Appln. u/s 426 Cr.PC).

2. For hearing of main case.

08.02.2022.

Mr.Fida Hussain Shah, Advocate for the appellant.

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

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            Heard arguments.

            The appellant for being in possession of 03 K.Gs of Charas, after due trial was convicted u/s.9(c) CNS Act and was sentenced to undergo R.I for five years and six months with fine of rupees twenty five thousand and in default whereof to undergo simple imprisonment for five months and fifteen days, by learned Sessions/Special Judge (CNS), Shikarpur, with benefit of Section 382-B Cr.PC, vide judgment dated 13.12.2021, which has been impugned by the appellant by preferring an appeal, it has been admitted to regular hearing and in the meanwhile, the appellant has sought for suspension of his sentence and his release on bail, mainly for the reason that the sentence awarded to him is short one, he has remained custody for more than seven months besides remission and hearing of his appeal is likely to take time, 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 awarded to the appellant is suspended, consequently, he is admitted to bail subject to his furnishing surety in sum of Rs.100,000/- and P.R bond in the like amount to the satisfaction of Additional Registrar of this Court.

            The listed application (M.A.No.07/2022) is disposed of accordingly.

The appeal is adjourned to date in office.                                                  

                                                                               JUDGE

                                                                  JUDGE