ORDER SHEET

THE HIGH COURT OF SINDH CIRCUIT COURT AT LARKANA

Criminal Appeal No.S-15 of 2023

Date	Order with signature of Judge

1. For orders on M.A.No.772/2023 (U/A).

2. For orders on Office Objections at "A".

3. For orders on M.A.No. 773/2023 (E/A).

4. For orders on M.A.No.774/2023 (426 Cr.P.C.)

5. For hearing of main case.

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16.02.2023

Mr. Razi Khan Nabi Bux Chandio, Advocate for the Appellants.

Mr. Ali Anwar Kandhro, Additional Prosecutor General, Sindh.

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1.                     Urgency granted.

2.                     To be complied with before the next date.

3.                     Exemption granted subject to all just exceptions.

5.                     This Criminal Appeal has been filed by appellants Gul Muhammad son of Muhammad Suleman and Siraj Ahmed son of Gul Muhammad both by caste Buriro against their conviction recorded by learned I-Additional Sessions Judge/MCTC, Kamber vide Judgment dated 07.02.2023 in Sessions Case No.251 of 2021, emanating from Crime No.146 of 2021, registered at Police Station Saddar Kamber for offence under sections 324, 337-A(i), (iii), 114, 148 & 149 P.P.C. and sentence as shown in the impugned judgment.

                        The appeal being filed within time is statutory right of the appellants, which is admitted to the regular hearing. Call for R & Ps. Prepare Paper book.  Issue notice to the Complainant as well as Additional Prosecutor General for a date to be fixed by the office.

4.                     Appellants Gul Muhammad son of Muhammad Suleman and Siraj Ahmed son of Gul Muhammad both by caste Buriro have sought for suspension of sentences and grant of bail through M.A.No.774 of 2023 filed under section 426 Cr.P.C, on the ground that they have been convicted and sentenced upto two years with certain amount of fine and Arsh as shown in the impugned judgment dated 07.02.2023, passed by learned I-Additional Sessions Judge/MCTC, Kamber, which sentences are shorter one and the disposal of this appeal would take some time.  Learned counsel for the appellants has placed reliance on the case of Abdul Hameed v/s. Abdullah and others (1999 SCMR 2589), wherein treating the conviction of five years as short, the appellants therein were released on bail.  He has also relied upon the case of Nazeer Ali v/s. The State (2011 YLR 403).  He, therefore, requests for grant of bail to the appellants while suspending sentences.

                        Learned Additional Prosecutor General, present in Court in some other matter, waives notice of the instant application and in view of the dictum laid down in the aforesaid case law has recorded his no objection to the suspension of sentences and grant of bail to the appellants.

                        In view of the above submissions of the learned counsel for the appellants and the learned Additional Prosecutor General and keeping in view the fact that disposal of the main case may take some time and sentences are shorter one, therefore, sentences awarded to the appellants are suspended till disposal of the main case and they are ordered to be released forthwith on bail subject to their furnishing solvent surety in the sum of Rs.50,000/- (Rupees Fifty Thousands only) each and P.R.Bonds in the like amount to the satisfaction of the Additional Registrar of this Court.

J udge

Manzoor