ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. Appeal No.425 of 2022

DATE ORDER WITH SIGNATURE OF JUDGE

1. For order on MA No. 7343/2022

2. For order on MA No. 8485/2022

3. For hearing of case

4. For hearing of MA No. 8386/2022

16.09.2022

Mr. Khawaja Saiful Islam advocate for appellant

Mr. Khadim Hussain Addl. P.G

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

The appellant Ateeq ur Rehman after due trial was convicted under Section 394 PPC and sentenced to undergo rigorous imprisonment for 04 years by learned X-Additional Sessions Judge, Karachi East vide judgment dated 02.04.2022, 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; hearing of his appeal is likely to take time. By contending so, he sought for the release of the appellant on bail.

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.

Instant listed application is disposed of accordingly.

JUDGE