ORDER SHEET

THE HIGH COURT OF SINDH CIRCUIT COURT AT LARKANA

Criminal Appeal No.S-10 of 2023

Date	Order with signature of Judge

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

2. For orders on M.A.No. 677/2023 (426 Cr.P.C.)

3. For hearing of main case.

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20.02.2023

Mr. Pardeep Kumar B. Butani Advocate for the Appellant.

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

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1.                     To be complied with before the next date.

3.                     This Criminal Appeal has been filed by appellant Sher Ali son of Jumo Khan Mazari against his conviction recorded by learned Additional Sessions Judge, Kashmore vide Judgment dated 20.01.2023 in Sessions Case No.291 of 2022, emanating from Crime No.92 of 2022, registered at Police Station Kashmore for offence under sections 399, 402, 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 Additional Prosecutor General for a date to be fixed by the office.

2.                     Appellant Sher Ali son of Jumo Khan Mazari  has sought for suspension of sentence and grant of bail through M.A.No.677 of 2023 filed under section 426 Cr.P.C, on the ground that he has been convicted and sentenced by learned Additional Sessions, Judge, Kashmore, vide Judgment dated 20.01.2023 to suffer R.I for one year and to pay fine of Rs.3000/-; in default in payment of fine he shall suffer one week S.I. more, which sentence is short one and the disposal of this appeal would take some time.  Learned counsel for the appellant 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 appellant while suspending sentence.

                        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 sentence and grant of bail to the appellant.

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

J udge

Manzoor