ORDER
SHEET
Crl.
Appeal No. 426 of 2021
(Irshad Ahmed @ Baboo vs. The State)
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Date Order with signature
of Judge
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1. For hearing of case
2. For hearing of M.A.No. 8413/2021
17.11.2022
M/s.
Shahab Sarki, Zulfiqar Langha, Jawaid Panhwar, Muhammad Imran Meo Saleem Khan
and Abrar Khan Baloch advocates for appellant
Mr. Faheem Hussain Panhwar, D.P.G
Mr. Muhammad Hanif Samma advocate
for the complainant
-.-.-.-.-.-.
It is
contended by learned counsel for the appellant that he has already served out
the sentence awarded to him and now is confined in jail mainly for want of
payment of Arsh money, which he could not pay being poor and his appeal is not
being disposed of for one or the other reason. By contending so, they sought
for release of the appellant on bail under Section 426 Cr.P.C pending disposal
of his appeal.
Learned
DPG for the state has recorded no objection to release of the appellant on bail
provided the Arsh money is deposited by him with the Nazir of this Court.
However, learned counsel for the complainant has opposed to release of the
appellant on bail by contending that he would abscond away after his release on
bail.
Heard
arguments and perused record.
Admittedly
the appellant after having served out the sentence is confined in jail mainly for
want of payment of Arsh money which as per his counsel he is not able to pay
being poor and hearing of appeal is being delayed for one or the other reason. After
serving out the sentence, there appears very little chance on the part of
applicant to abscond, therefore, while relying upon case of Makhdoom Javed Hashmi vs. The State (2007 SCMR 1844), the operation
of the sentence awarded to the appellant is suspended, consequently, he is
directed to be released on bail subject to his furnishing surety in the sum of
Rs.30,000/- (Rupees Thirty Thousand Only) and P.R bond in the like amount to
the satisfaction of Nazir of this Court.
The listed application (M.A.No. 8413/2021) is disposed of
accordingly.
To be fixed on 22.11.2022
for hearing of main appeal.
J U D G E