IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Rev. No. S-13 of 2023

Appellant	Ali Nawaz Ogahi
	Through Mr. Ashiq Hussain Kalhoro
	Advocate
State	Mr. Ali Anwar Kandhro, Additional Prosecutor General.
Date of hearing	24-02-2023
Date of order	24-02-2023

O R D E R

Zulfiqar Ali Sangi, J. Appeal against conviction is statutory right of the applicant, therefore, instant criminal revision application is admitted for regular hearing. Call R & Ps and prepare paper book at the cost of the applicant. Issue notice to complainant.

2. Through instant application (M.A. No.966/2023) filed under section 426 Cr.P.C., applicant, namely, Ali Nawaz Oghai seeks suspension of sentence awarded to him vide judgment dated 12.01.2023, passed by the Civil Judge & J.M-I/MCTC, Kandhkot, emanating from Crime No.06/2022, registered at Police Station Ghouspur, for offence under sections 337-A(i), F(i), F(vi), 504, 147, 148 P.P.C, whereby he has convicted the appellant U/S 337-F(vi) to three years R.I as ta'zir and to pay Daman of Rs. 30,000/- to be paid to injured. The criminal appeal filed against that judgment bearing Cr. Appeal No.03/2023 was also dismissed by the learned II-Additional Sessions Judge, Kandhkot vide judgment dated 09.02.2023 and the impugned judgment dated 12.01.2023, passed by the Civil Judge & J.M-I/MCTC was maintained.

3. Learned counsel for the applicant has mainly contended that the sentence awarded to the applicant by both the courts below is three years, which is short one.  In support of his contentions, he has relied upon the case law reported as Abdul Hameed v/s. Muhammad Abdullah (1999 SCMR 2589), Hammad Versus The State (2020 YLR Note 138) and Muhammad Saleem versus The State (2020 YLR Note 129). He has prayed that applicant be released U/S 426 Cr.P.C for suspending his sentence during the pendency of instant criminal revision application.

4. Learned Additional Prosecutor General, who is present in court in some other matters, waives the notice and in view of the short sentence, has submitted that he has no objection for suspension of sentence during pendency of criminal revision application.

5. I have heard learned counsel for the parties and have perused the material available on record with their able assistance.  

6. Since the sentence is short one for three years, the criminal revision will take time due to pendency of bulk of cases and there is no probability of early hearing of instant criminal revision application, therefore, the sentence awarded to the applicant by both the courts below is hereby suspended and the applicant is admitted to bail on his furnishing a solvent surety in the sum of Rs.50,000/- (Rupees fifty thousand only) and P. R. Bond in the like amount to the satisfaction of Additional Registrar of this Court.

7. M. A. No. 966/2023, stands disposed of in the above terms.

8. Main criminal revision application is adjourned to 30.03.2023.

   J U D G E

Abdul Salam/P.A