ORDER SHEET
IN THE
HIGH COURT OF SINDH, KARACHI
Cr. Appeal No.
427 of 2022
DATE ORDER
WITH SIGNATURE OF JUDGE
1. For hearing of main case.
2. For hearing of MA No. 8361/2022
13.07.2022
Mr. Muhammad Jawad
advocate for appellant
Syed Meeral Shah Bukhari Addl. P.G
The
appellants after due trial for offence punishable under section 420 PPC were
convicted and sentenced to undergo R.I for three years with fine of Rs.50,000/-,
each and in default whereof to undergo SI for three months. They were further
convicted and sentenced to undergo R.I for three years for offence punishable
under Section 5(2) Prevention of Corruption Act 1947. All the sentences were
ordered to run concurrently with benefit of section 382-B Cr.P.C
by learned Special Judge Anti-Corruption (Provincial), Karachi vide his
judgment dated 01.07.2022, which is impugned by the appellants before this
Court by preferring the instant appeal, it is admitted to regular hearing and
in the meanwhile, the appellants by way of listed application u/s 426 Cr.P.C have sought for suspension of the operation of the
impugned judgment with their release on bail, till disposal of their appeal.
It
is contended by learned counsel for the appellants that they were enjoying the
concession of bail at trial; the aggregate sentence awarded to them is short
one and hearing of their appeal is likely to take time. By contending so, he
sought for the release of the appellants on bail. In support of his contention
he relied upon case of Naeem and others vs The
State (2001 P.Cr.L.J 541), which is not opposed
by learned Addl. P.G for the state.
Heard arguments
and perused record.
Admittedly,
the appellants were enjoying the concession of bail at trial; the aggregate sentence
awarded to them being three years is short one, and hearing of their appeal is
likely to take time, therefore, while relying upon the case law referred above,
the sentence awarded to the appellants is suspended and they are ordered to be
released on bail subject to their furnishing surety in sum of Rs.50,000/- (Rupees
Fifty Thousand) each and PR bond in the like amount to the satisfaction of Nazir of this Court.
Instant
listed application is disposed of accordingly.
JUDGE