ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Revision A. No. S- 13 of 2021

Date	Order with signature of Judge

1. For order on M.A No.1956/2020. (U/A).

2. For orders on office objection-A.

3. For hg. of M.A.No.967 of 2021. 426 Cr.PC .

4. For hearing of main case.

03-05-2021

16-4-2021

Mr. Saeed Ahmed Bijarani, advocate for the applicant.

Mr. Muhammad Noonari, D.P.G.  

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1.          Dismissed as it has become infructuous.

2.         To be complied with within two weeks.

3.         Through instant application (M.A.No.967/2021), filed under section 426 Cr.P.C, appellant namely Ali Raza Golo seeks suspension of sentence awarded to him by learned court of MCTC/1^st Civil Judge and JM, Kandhkot in Criminal Case No.178/2020, emanating from Crime No.244/2021, P.S. A-Section Kandhkot, for offence under sections 381-A PPC vide judgment dated 28.12.2020 and the Criminal Appeal No.01 of 2021  was also dismissed by the Sessions Judge, Kashmore @ Kandhkot vide judgment dated 02.02.2021.

                        Learned counsel for the appellant has mainly contended that the sentence awarded to the appellant by the learned Trial Court is three years, which is short one.  The appeal filed by the appellant is admitted for regular hearing which may take time due to pendency of bulk of cases and there is no probability of early hearing of instant appeal, therefore, the sentence awarded to the appellant vide Judgment dated 28.12.2020 may kindly be suspended and the appellant may be released on bail. In support of his contentions, he has relied upon the case law reported as Abdul Hameed v/s. Muhammad Abdullah (1999 SCMR 2589), Hammad Versus The State(2020 YLR Note 138) and Muhammad Saleem versus The State(2020 YLR Note 129).

                        Learned D.P.G. has submitted that he has no objection for suspension of sentence during pendency of appeal.

                        I have heard learned counsel for the parties and have perused the material available on record with their able assistance. Since the sentence awarded to the appellant is short one for three years, the appeal has been admitted for regular hearing and definitely it will take time due to pendency of bulk of cases and there is no probability of early hearing of instant appeal, therefore, the sentence awarded to the appellant vide Judgment dated 28.12.2020 and maintained judgment dated 2.2.2021, is hereby suspended and the appellant is admitted to bail on his furnishing a solvent surety in the sum of Rs.50,000/- (Rupees Fifty Thousand only) and P.R.Bond in the like amount to the satisfaction of Additional Registrar of this Court.

4.                     Learned counsel for the appellant filed statement along with certain documents, which is taken on record. Main appeal is adjourned to 21.6.2021.

 J U D G E

S.ashfaq