ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
Cr. Appeal No.572 of 2022
(Muhammad
Qasim vs. the State)
DATE ORDER
WITH SIGNATURE OF JUDGE
1. For orders on office objection at A and reply of advocate also filed at
Flat A
2. For hearing of case
3. For hearing of MA No. 11810/2022
02.11.2022
Mr. Liaquat Ali advocate for appellant
Mr. Faheem Hussain Panhwar, D. P.G
-.-.-.-.-.-.-
The
appellant Muhammad Qasim, after due trial was convicted under Section 24 of
Sindh Arms Act 2013 and sentenced to undergo imprisonment for 05 years and to
pay fine of Rs.5000/- and in default whereof to undergo simple imprisonment for
01 month with benefit of section 382(b) Cr.P.C by learned Assistant Sessions
Judge-XII, Karachi West, vide judgment dated 03.10.2022, which is impugned by
the appellant before this court by preferring the instant appeal. It has been admitted
to regular hearing and in the meanwhile, the appellant by way of listed application
u/s 426 Cr.P.C has sought for his release on bail pending disposal of his
appeal.
It
is contended by learned counsel for the appellant that the appellant being
innocent has been convicted by learned trial court on the basis of improper
assessment of evidence; the sentence awarded to him is short one; hearing of
his appeal is likely to take time. By contending so, he sought for the release
of the appellant on bail, which is opposed by learned DPG for the State by contending
that hearing of his appeal would take no time.
Heard arguments
and perused record.
Admittedly,
the appellant was enjoying the concession of bail at trial; the sentence
awarded to him being 05 years is short one, and hearing of his appeal is likely
to take time, therefore, while relying upon the case of Abdul Hameed Vs. Muhammad Abdullah and
others (1999 SCMR-2589), the operation
of the sentence awarded to the appellant is suspended and he is directed to be
released on bail, subject to his furnishing surety in sum of Rs.50,000/- (Rupees
Fifty Thousand Only) and PR bond in the like amount to the satisfaction of Nazir
of this Court.
Instant
listed application is disposed of accordingly.
Adjourned
to be fixed for hearing of main appeal after preparation of paper book.
JUDGE