ORDER SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT COURT, LARKANA

Criminal Appeal No.D-21 of 2023

(Masoom Khan Pathan Vs. The State)

DATE                          ORDER WITH SIGNATURE OF JUDGE

1. For orders on office objection “A”.

2. For hearing of M.A.No.1716/2023 (426  Cr.PC).

3. For hearing of main case.

18.04.2023.

Mr. Ashfaque Hussain Abro, Advocate for the appellant.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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                        The appellant on conclusion of trial was convicted under Section 9(c) of the CNS Act and sentenced to undergo rigorous imprisonment for four years and six months with fine of Rs.20,000/- and in default whereof to undergo simple imprisonment for five months with benefit of Section 382-B Cr.PC, by learned Sessions Judge/CNSA & MCTC-II, Jacobabad, vide judgment dated 28.03.2023, which he has impugned before this Court by preferring an appeal; it has been admitted to regular hearing and in the meanwhile he has sought for his release on bail pending disposal of his appeal for the reason that the sentence awarded to him is short one and hearing of his appeal is likely to take some time, which is not opposed by learned Addl.P.G for State.

                        Heard arguments and perused the record.

                        The sentence awarded to the appellant being less than five years is short one; the appellant as per jail roll inclusive remission has already undergone 16 months and 09 days of his sentence and hearing of his appeal is likely to take time; therefore, the operation of sentence awarded to him while making reference to case of Abdul Hameed Vs. Muhammad Abdullah and others (1999 SCMR-2589), is suspended, consequently, he is directed to be released on bail subject to his furnishing surety in sum of Rs.50,000/- and P.R bond in the like amount to the satisfaction of Additional Registrar of this Court.

                        The listed application M.A.No.1716/2023 is disposed of accordingly. Appeal is adjourned to be fixed before the Court for hearing after preparation of paper book.                                                                                                                           JUDGE

JUDGE