ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. Appeal No.629 of 2022

(Zaheer and others vs. the State)

DATE ORDER WITH SIGNATURE OF JUDGE

1. For hearing of case

2. For hearing of MA No. 12955/2022

08.12.2022

Mr. Muhammad Saleem Leghari advocate for appellant

Mr. Faheem Hussain Panhwar, D. P.G

Syed Mureed Ali Shah advocate for private respondent

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

The appellants have been convicted under Section 3(2) of the Illegal Dispossession Act, 2005 and sentenced to undergo rigorous imprisonment for 07 years with fine of Rs.50,000/- payable by them to complainant Qaim Ali Shah jointly as compensation and in default whereof to undergo simple imprisonment for 06 months by Additional Sessions Judge, Sujawal vide judgment dated 28.10.2022, which is impugned by the appellants before this Court by preferring an appeal and in the meanwhile they by way of listed application under Section 426 Cr.P.C, have sought for their release on bail pending disposal of their appeal by suspending the operation of impugned sentence.

It is contended by learned counsel for the appellants that the appellants being innocent have been involved in this case falsely by the complainant in order to satisfy his dispute with them over property; offence for which they have been convicted is bailable in nature impliedly; there was no element of illegal dispossession or land grabbing on their part and hearing of their appeal is likely to take time. By contending so, he sought for release of the appellants on bail by suspending the operation of impugned sentence.

It is contended by learned DPG for the state and learned counsel for the complainant that hearing of their appeal will take no time and sentence awarded to them is not short one, which may justify their release on bail.

Heard arguments and perused the record.

Admittedly, the appellants have been convicted and sentenced on a direct complaint; they were enjoying the concession of bail at trial; the civil litigation between the appellants and the complainant is pending adjudication before the Civil Court having jurisdiction and hearing of their appeal is likely to take time. In these circumstances, a case for their release on bail is made out, consequently, the operation of impugned sentence is suspended and the appellants are directed to be released on bail, subject to their furnishing surety in sum of Rs.50,000/- (Rupees Fifty Thousand) each and P.R bond in the like amount to the satisfaction of Nazir of this Court.

Instant listed application is disposed of accordingly.

Adjourned to be fixed after 04 weeks for hearing of main appeal.

JUDGE