ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

 Criminal Revision Application No. 269 of 2022

(Waseem Raja vs. The State)

DATE                            ORDER WITH SIGNATURE OF JUDGE

 

For hearing of MA No. 14198/2022

 

08.12.2022

Syed Naimatullah Shah advocate for applicant

Mr. Faheem Hussain Panhwar, D.P.G for the State

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

 

          The applicant was convicted under Section 489-F PPC and sentenced to undergo simple imprisonment for 02 years and to pay fine of Rs.15,000/- and in default whereof to undergo simple imprisonment for 10 days with benefit of section 382-B Cr.P.C by learned XVth Judicial Magistrate Karachi South, vide judgment dated 27.09.2022, which was impugned by the applicant by preferring an appeal, it was dismissed by learned XIth-Additional Sessions Judge, Karachi South vide judgment dated 21.11.2022, which is impugned by the applicant before this Court by making the instant Criminal Revision Application and in the meanwhile by way of listed application, he has sought for his release on bail by suspending the operation of impugned judgment.

          It is contended by learned counsel for the applicant that the applicant is innocent and sentence awarded to him is short one and he was enjoying the concession of bail at trial and hearing of his Revision Application is likely to take time. By contending so, he sought for the release of the applicant on bail.

None has appeared to advance arguments on behalf of the complainant. However, learned D.P.G for the state has recorded no objection to release of applicant on bail.

Heard arguments and perused record.

          Admittedly, the applicant was enjoying the concession of bail at trial; the sentence awarded to him being 02 years is short one, and hearing of his Revision Application is likely to take time, therefore, while relying upon the case of Abdul Hameed Vs. Muhammad Abdullah and others (1999 SCMR-2589), the sentence awarded to the applicant 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.

          The listed application is disposed of accordingly.

          Adjourned to be fixed after 04 weeks for hearing of revision application.

                                                                                       

        JUDGE