IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Appeal No. S-05 of 2023

Appellant:                            Nisar Lakhair

                                           Through Mr. Mr. Asif Ali Abdul                                               Razak Soomro, advocate,

The State:                           Through Mr. Mr. Aitbar Ali Bullo,                                            D.P.G for the State.

Date of hearing:                  10-02-2023

Date of order:                      10-02-2023

J U D G M E N T

Zulfiqar Ali Sangi, J. Through instant application (M.A. No.122/2023) filed under section 426 Cr.P.C., appellant, namely, Nisar Lakhair seeks suspension of sentence awarded to him vide judgment 08.12.2022, by the learned IV-Additional Sessions Judge, Dadu in Sessions Case No. 173/2019, emanating from Crime No.04/2019, registered at Police Station Nau Goth, for offence under sections 324, 403, 506/2, 337-A(i), F(i), F(v), H(i), 147, 148, 149, 504 P.P.C.

2. Learned counsel for the appellant has mainly contended that the sentence awarded to the appellant by the learned Trial Court 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 appellant be released U/S 426 Cr.P.C for suspending his sentence during the pendency of appeal.

3. Learned D.P.G. in view of the short sentence, has submitted that he has no objection for suspension of sentence during pendency of appeal.

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

5. Since the sentence is short one for three years, the appeal has been admitted for regular hearing and definitely it will take time due to pendency of bulk of cases and there is no probability of early hearing of instant appeal, therefore, the sentence awarded to the appellant vide Judgment dated 08.12.2022 is hereby suspended and the appellant 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.

6. M. A. No. 122/2023, stands disposed of in the above terms.

7. Main Appeal is already fixed on 20.02.2023.

   J U D G E

Abdul Salam/P.A