ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. Appeal No. 429 of 2021

(Syed Hassan Abbas vs. the State)

DATE ORDER WITH SIGNATURE OF JUDGE

1. For hearing of case

2. For hearing of MA No.9520 /2022

28.11.2022

Mr. Muhammad Khalid advocate for appellant

Mr. Faheem Hussain Panhwar, D. P.G

Mr. Imamuddin Chandio advocate for the complainant

-.-.-.-.-.-.-

It is alleged that the appellant for having deprived her sister the complainant from inheritance has been convicted u/s 498-A PPC and sentenced to undergo rigorous imprisonment for 05 years and to pay fine of Rs.500,000/- and in default whereof to undergo simple imprisonment for 03 months without awarding benefit u/s 382(b) Cr.P.C, by learned II-Additional Sessions Judge, Karachi Central vide judgment dated 11.08.2021, which is impugned by the appellant before this Court by preferring an appeal and in the meanwhile, by way of listed application under section 426 Cr.P.C has sought for suspension of sentence and his release on bail.

It is contended by learned counsel for the appellant that the appellant was on bail at trial, the sentence awarded to him is short one, therefore, the appellant is entitled to his release on bail by suspending the operation of his sentence, which is not opposed by learned DPG for the State.

However, learned counsel for the complainant has opposed the release of the appellant on bail by suspending the operation of his sentence by contending that his application under Section 426 Cr.P.C has already been dismissed by this Court vide order dated 19.10.2021.

In response to above, it is contended by learned counsel for the appellant that the disposal of earlier application was not recorded on merits and instant application under Section 426 Cr.P.C has been moved for release of the appellant on hardship basis as he inclusive remission has already undergone more than 04 years of the sentence.

Heard arguments and perused the record.

Admittedly, the appellant as per jail roll inclusive of remission has already undergone 04 years, 02 months and 04 days of his sentence and hearing of his appeal is likely to take further time. consequently, 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 and he is directed to be released on bail subject to his furnishing surety in sum of Rs.100,000/- (Rupees One Lac) and P.R bond in the like amount to the satisfaction of Nazir of this Court.

The listed application (M.A.No.9520/2022) is disposed of accordingly.

Adjourned to 26.12.2022 for haring of main appeal.

JUDGE