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