IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Crl. Appeal No. No.S-27 of 2021.

Date.                                     Order with signature of Judge

1.       For Orders on office objection.

2.      For hearing of main case.

3.      For hearing of MA No. 2026/2021.

 29-04-2021.

            Mr. Ali Gul Abbasi, advocate for appellant.

            Mr. Muneer Ahmed Siyal, Assistant Director (Legal) FIA.

                                    >>>>>>>--------------------<<<<<<<<

            Heard arguments.

            The appellant for an offence punishable u/s 409 PPC r/w 5(2) Act (II) of 1947, for dishonestly misappropriating stock/articles of utility store corporation worth Rs. 627,381/- was convicted and sentenced to undergo for R.I for two years with fine of Rs. 627,381/- and in case of default whereof to undergo S.I for six months by learned Special Judge (Central) Hyderabad vide his judgment dated 05-04-2021, which is impugned by the appellant before this Court by preferring the instant Crl. Appeal which has already been admitted to its regular hearing. In the meanwhile the appellant by way listed application u/s 426 CrPC has sought for suspension of the operation of impugned judgment and his release on bail mainly for the reason that the conviction and sentence awarded to him is short one and hearing of his appeal is likely to take time, which is opposed by learned Assistant Director (Legal) FIA.

            Obviously, the conviction and sentence awarded to the appellant is short one and he was enjoying the concession of bail at trial, therefore, while relying upon case of Abdul Hameed Vs. Muhammad Abdullah and others (1999 SCMR 2589) the operation of impugned judgment is suspended, consequently the appellant is ordered to be released on 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 is disposed of accordingly.

                                                                                                                                                                Judge

                                                                                                                               

 

Nasim/P.A