ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. Appeal No. 303 of 2020

(Hayat Shah @ Sheena and Taj Muhammad @ Qabu vs. the State)

DATE ORDER WITH SIGNATURE OF JUDGE

1. For hearing of case

2. For hearing of MA No. 11245/2020

25.10.2022

Mr. Ajab Khan Khattak advocate for appellants

Mr. Khadim Hussain Addl. P.G

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Appellants Hayat Shah @ Sheena and Taj Muhammad @ Qabu and co-accused Habibullah, in second round of litigation were convicted under Section 302(b) PPC and sentenced to life imprisonment with fine of Rs.30,000/- each and in default whereof to undergo simple imprisonment for 03 months, by learned IV-Additional Sessions Judge, Karachi South vide judgment dated 09.04.2020, which they have impugned before this Court by preferring two separate appeals.

2. Learned counsel for appellants Hayat Shah @ Sheena and Taj Muhammad @ Qabu by way of listed application u/s 426 Cr.P.C has sought for their release on bail by suspending operation of their sentence by contending that including remission they have already served round about 23 years of the sentence, which is not opposed by learned Addl. P.G for the State, by contending that hearing of their appeal is likely to take some time.

3. In view of above, while relying upon case of Makhdoom Javed Hashmi Vs. The State (2007 SCMR 1844), the sentence awarded to the appellants Hayat Shah @ Sheena and Taj Muhammad @ Qabu is suspended, consequently, they are directed to be released on bail subject to their furnishing surety in sum of Rs.100,000/- (Rupees One Lac) each and P.R bond in the like amount to the satisfaction of Nazir of this Court.

4. The listed application (M.A.No. 11245/2020) is disposed of accordingly.

5. Adjourned to a date in office for hearing of main appeal.

JUDGE