ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Criminal Revision Application No. 177 of 2022

(Zohaib vs.Abdul Qayoom and another)

DATE ORDER WITH SIGNATURE OF JUDGE

1. For hearing of MA No. 10141/2022

2. For hearing of case

13.09.2022

Mr. Zulfiqar Ahmed advocate for applicant

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

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

The applicant and co-accused were charged for having committed an offence punishable under Section 489-F PPC. After due trial, co-accused Mir Muhammad was acquitted, while the applicant was convicted under Section 489-F PPC and sentenced to undergo imprisonment for 03 years and to pay fine of Rs.30,000/- and in default whereof to undergo imprisonment for 01 month with benefit of section 382-B Cr.P.C by learned Judicial Magistrate-II (MTMC), Thatta vide judgment dated 03.04.2021, which was impugned by the applicant by preferring an appeal, it was dismissed by learned II-Additional Sessions Judge, Thatta vide judgment dated 06.07.2022, which is impugned by the applicant before this Court by preferring 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 against him.

It is contended by learned counsel for the applicant that the applicant being innocent has been convicted by learned Courts below on the basis of improper assessment of evidence; the 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 03 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.

JUDGE