ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

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