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