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.
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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