IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Criminal Revision Appln. No. S- 52 of 2021.
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Date of hearing |
Order with signature of Judge |
04.08.2021.
1. For orders on M.A. No. 3823/2021.
2. For orders on office objections.
3. For orders on M.A. No. 3824/2021.
4. For hearing of main case.
5. For hearing of M.A. No. 3825/2021 (U/S: 426 Cr.P.C).
Mr. Ahmed Bux Abro, Advocate for applicant.
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1. Urgency application granted.
2. To be complied with.
3. Exemption allowed subject to all just exceptions.
4. Through this revision application, the applicants Wali Muhammad alias Hajan, Shahban and Shafi Muhammad have impugned their conviction and sentence passed by learned 1st Civil Judge and Judicial Magistrate/MTMC Kamber in case No.145/2020 re; State v. Wali Muhammad alias Hajjan and others arisen out of F.I.R No.08/2020 of P.S Mahi Makol, whereby they were convicted and sentenced to undergo S.I for three months and to pay “Daman” worth Rs.20,000/- each to complainant and amount of Rs.20,000/- to victim Muhammad Moosa and in case of default whereof to undergo simple imprisonment until “Daman” is paid in full. The aforesaid judgment of conviction and sentence has been maintained by learned Sessions Judge, Kamber-Shahdadkot @ Kamber vide judgment dated 31.7.2021 passed in Criminal Appeal No.06/2020 filed by the applicants. Learned counsel submits that impugned judgments are against the law, facts and principles of natural justice and that the learned trial Court as well as appellate Court has not considered the material on record in its true perspective and have committed grave illegality while passing the impugned judgments as discussed supra. The contentions raised by learned counsel require consideration; as such the revision application is admitted for regular hearing. Issue notice to Addl. P.G. as well as complainant. Call for record and proceedings of the case from learned trial Court. To come up on 30.08.2021.
5. Through this application under Section 426 Cr.P.C, the applicants have sought for suspension of their sentence awarded to them by learned trial Court and upheld by learned appellate Court as discussed supra.Learned counsel for applicants mainly contended that the applicantswere on bail during the trial as well as during pendency of appeal and that since the sentence is a short one, and the hearing of the revision will take sufficient time to conclude. He emphasized that it is a well-settled principle of law that during the pendency of an appeal/ revision the convict may not be kept in custody till his appeal/ revision is fixed for hearing and earlier decision thereon, but in this case, the main revision application will consume sufficient time to have the decision on merit, therefore, the sentence awarded to applicantswhich is short one may be suspended till the decision of this revision application and applicants may be enlarged on bail.
The sentence of imprisonment passed by the learned trial Court against applicantsbeing three months was quite a short one. The instant revision Application is already admitted for hearing and definitely its hearing will take time. Resultantly, the sentence awarded to applicants vide impugned judgment is hereby suspended during the pendency of revision Application and the applicants Wali Muhammad alias Hajan, Shahban and Shafi Muhammad are admitted to bail upon their furnishing solvent surety in the sum of Rs.50,000/- (Fifty thousand rupees) each and P.R Bonds in the like amount to the satisfaction of the Additional registrar of this Court.
JUDGE
Ansari