IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Appeal No. S-16 of 2023

Appellant:                            Shaman Solangi,

                                           Through Mr. Sachal R. Awan,                                                 advocate,

Date of hearing:                  27-02-2023

Date of order:                      27-02-2023

O R D E R

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

2. It is contended by the learned counsel for the appellant that no any sentence except Diyat amount has been imposed by the trial court which as per learned counsel is against the law. He next contended that trial court in the judgment held that prosecution failed to prove Section 316 P.P.C but convicted the appellant for offence U/S 322 P.P.C which too is against the law.

3. Learned D.P.G. has contended that he has no objection to suspend the sentence during pendency of appeal, if the appellant has paid the Diyat amount. He, however, opposed in failure of its deposit.

4. Contention raised by the learned counsel for the appellant requires consideration and requires detailed hearing. Therefore the impugned judgment dated 07.01.2023, passed by learned Additional Sessions Judge-IV, Dadu in Sessions Case No.170/2022 is suspended till decision of the appeal. Appellant be released on bail subject to furnishing solvent surety in the sum of Rs.200,000/- to the satisfaction of Additional Registrar of this Court.

5. Listed M. A. No. 831/2023, stands disposed of in the above terms.

6. Main Appeal is adjourned to 30.03.2023.

   J U D G E

Abdul Salam/P.A