ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Criminal Appeal No. 167 of 2022

(Noor Shah vs. The State and others)

DATE ORDER WITH SIGNATURE OF JUDGE

1. For hearing of main case.

2. For hearing of M.A.No. 3252/2022

3. For hearing of M.A.No. 3253/2022

14.09.2022

Mr. Javed Ahmed Rajput advocate for appellant

Mr. Siraj Ali Chandio Additional Prosecutor General for State

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

1. The appellant after due trial was convicted under Section 3 of Illegal Dispossession Act, 2005 and sentenced to undergo rigorous imprisonment for 04 years with fine of Rs.5000/- and in default whereof to undergo simple imprisonment for 03 months by learned Sessions Judge, Malir Karachi vide judgment dated 07.03.2022, which is impugned by the appellant before this court by preferring the instant appeal. It has been admitted to regular hearing and in the meanwhile, the appellant by way of listed application u/s 426 Cr.P.C has sought for his release on bail pending disposal of his appeal.

It is contended by learned counsel for the appellant that the appellant being innocent has been convicted by learned trial court on the basis of improper assessment of evidence; the sentence awarded to him is short one and he was also enjoying the concession of bail at trial. By contending so, he sought for the release of the appellant on bail.

None has come forward to advance arguments on behalf of the complainant. However, learned Addl. P.G for the state has opposed to release of appellant on bail by contending that hearing of his appeal would take no time.

Heard arguments and perused record.

Admittedly, the appellant was enjoying the concession of bail at trial; the sentence awarded to him being 04 years is short one, and hearing of his appeal 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 appellant 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.

Listed M.A.No.3252/2022 is disposed of accordingly.

JUDGE