ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
Cr. Appeal No. 304 of 2023
(Haq
Nawaz vs. The State)
DATE ORDER
WITH SIGNATURE OF JUDGE
For hearing of M.A.No.6899/2023
19.06.2023
Mr. Riaz Hussain Soomro advocate for appellant
Mr. Mubasher Mirza Asstt. Attorney General
-.-.-.-.-.-.-
The appellant on conclusion of trial was convicted u/s
409 PPC r/w Section 5(2) of PCA-II, 1947 and sentenced to undergo the
imprisonment till rising of the Court to pay fine of Rs.23,46,260/- and in default whereof to undergo imprisonment
for 02 years by learned Judge, Special Court (Central-II) Karachi vide judgment
dated 05.06.2023, which he has impugned before this court by preferring an
appeal and in the meanwhile has sought for his release on bail by way of listed
application by suspending the operation of his sentence.
It is contended by learned counsel for the appellant that
the appellant is in jail for want of payment of fine, therefore, he is entitled
to be released on bail pending disposal of his appeal, which is not opposed by
learned Asstt. Attorney General.
Heard arguments and perused the record.
The appellant was enjoying
concession of bail at trial, hearing of his appeal is likely to take time and
he is in jail for want of payment of fine only, therefore, the operation of
sentence awarded to the appellant is suspended, consequently, he is directed to
be released on bail subject to his furnishing surety in sum of Rs.50,000/-
(Rupees Fifty Thousand Only) and P.R bond in the like amount to the
satisfaction of this Nazir of this Court.
Instant listed application is
disposed of accordingly.
Adjourned to 09.08.2023 for hearing of main appeal.
JUDGE