JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal.No.S-91 of 2021.

_________________________________________________________________

DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

_________________________________________________________________

 

01.  For orders on office objection “A”.

01.  For orders on M.A.No.9048/2021 (E/A).

02.  For orders on M.A.No.9049/2021 (426 Cr.PC).

03.  For hearing of main case.

11.02.2022

                        Mr. Asif Ali Abdul Razzak Soomro, Advocate for the appellant.

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

 

                        =  *  = * = * = * = * =

            Heard arguments.

 

            The appellant for being in possession of an unlicensed T.T Pistol of 30 bore with magazine containing three live bullets of same bore was convicted u/s.25 of Sindh Arms Act, 2013 and was sentenced to undergo R.I for five years with fine of Rs.10,000/- and in default whereof to undergo S.I for six months, with benefit of Section 382-B Cr.PC, by learned 1st Additional Sessions Judge, Mehar, vide judgment dated 17.12.2021, which is impugned by the appellant before this Court 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.9049/2021 is disposed of accordingly. The appeal is adjourned to date in office.                                                                                                                                                                                  JUDGE