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