ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. Appeal No. 04 of 2022

(Mehmood vs. the State)

DATE ORDER WITH SIGNATURE OF JUDGE

1. For hearing of case

2. For hearing of MA No. 174/2022

13.10.2022

Mr. Zia-ul-Haq advocate for appellant

Mr. Khadim Hussain Addl. P.G

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

The appellant Mehmood allegedly by way of rash and negligent driving not only committed death of Aijaz Ahmed but caused injuries to P.Ws Muhammad Aslam and Mulazim Hussain Shahid, for that he was booked and reported upon. On conclusion of trial, he was convicted under Section 320 PPC and was sentenced to undergo rigorous imprisonment for 05 years and to pay Diyat worth Rs.42,61,205/- to the legal heirs of deceased Aijaz by learned Sessions Judge, Karachi West, vide judgment dated 14.12.2021, 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 has already undergone the imprisonment and is confined in jail for want of payment of Diyat money and hearing of his appeal is likely to take time. By contending so, he sought for the release of the appellant on bail by suspending the operation of sentence awarded to him, which is opposed by learned Addl. P.G for the state by contending that hearing of the appeal of the appellant would take no time.

Heard arguments and perused record.

The offence for which the appellant has been sentenced is bailable in nature; the appellant as per jail roll has already served out the imprisonment and now is confined in jail for want of payment of Diyat money and hearing of his appeal is likely to take time, consequently, the operation of the sentence awarded to him 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