ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
Cr. Appeal No.56 of 2023
(Mukhtiar
Ali Channa, Aamir Ali and Mst. Zaibun Nissa vs. the State)
DATE ORDER
WITH SIGNATURE OF JUDGE
1. For hearing of case
2. For hearing of MA No. 719 of 2023
15.06.2023
M/s. Muzaffar Hussain and Raja M. Amjad Khan
Siddiqui advocates for appellants
Mr. Abrar Ali Khichi Addl. P.G
Complainant in person
-.-.-.-.-.-.-
It is contended by learned
counsel for the appellants that the offence for which the appellants have been
convicted is involving aggregate sentence of 05 years with fine and there is no
likelihood of early hearing of their appeal. By contending so, they sought for
release of the appellants on bail by suspending the operation of their sentence,
which is opposed by learned Addl.PG for the State and the complainant in person
by stating that the hearing of their appeal would take no time.
Heard arguments and perused the record.
Admittedly, the appellants were enjoying the concession
of bail at trial; the aggregate sentence awarded to them which is directed to
run concurrently being 05 years is short one, even less in case of lady
appellant and hearing of their appeal is likely to take time, therefore, while
relying upon the case of Abdul Hameed Vs. Muhammad Abdullah and others (1999
SCMR-2589),
the operation of the sentence awarded to the appellants is suspended and they
are directed to be released on bail, subject to their furnishing surety in sum
of Rs.50,000/- (Rupees Fifty Thousands) each and PR bond in the like amount to
the satisfaction of Nazir of this Court.
Instant listed application is
disposed of accordingly.
Adjourned to 13.07.2023 for hearing of main appeal.
JUDGE