ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. Appeal No.628 of 2022

(Farhan Yousuf vs. the State)

DATE ORDER WITH SIGNATURE OF JUDGE

1. For hearing of case

2. For hearing of MA No. 12939/2022

10.11.2022

Dr. Shahnawaz advocate for the appellant

Mr. Gul Faraz Khan, Assistant Attorney General

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Appellant Farhan Yousuf after due trial was convicted under Section 409/109 PPC r/w section 5(2) PCA 1947 and sentenced to undergo rigorous imprisonment for 05 years and to pay fine of Rs.500,000/- and in default whereof to undergo imprisonment for 06 months with benefit of section 382(b) Cr.P.C by learned Special Judge, Special Court (Central-II), Karachi vide judgment dated 25.10.2020, 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 and sentenced by learned trial court on the basis of improper assessment of evidence and such sentence being short one is liable to be suspended for the reason that hearing of his appeal is likely to take time. By contending so, he sought for the release of the appellant on bail.

Learned Assistant Attorney General has opposed to release of appellant on bail 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 case of Abdul Hameed Vs. Muhammad Abdullah and others (1999 SCMR 2589), 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.100,000/- (Rupees One Lac Only) and PR bond in the like amount to the satisfaction of Nazir of this Court.

Instant listed application is disposed of accordingly.

The appeal to be fixed for its hearing, after preparation of paper book.

JUDGE