ORDER SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT COURT, LARKANA

Criminal Appeal No.S-37 of 2023

DATE                          ORDER WITH SIGNATURE OF JUDGE

1. For orders on office objection “A”

2. For orders on M.A.No.1854/2023 (426  Cr.PC).

3. For hearing of main case.

20.04.2023.

Mr. Sarfraz Khan Jatoi, 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 8 of Sindh of Prohibition, Manufacturing, Storage, Sale and use of Gutka and Manpuri Act, 2019 and sentenced to undergo rigorous imprisonment for three years with fine of Rs.200,000/- and in default whereof to undergo simple imprisonment for four months, with benefit of Section 382-B Cr.PC, by learned by learned Sessions Judge, Shikarpur, vide judgment dated 06.04.2023, which he has impugned before this Court by preferring an appeal and in the meanwhile has sought for his release on bail pending disposal of his appeal, which is not opposed by learned Addl.P.G for State.

                        Heard arguments and perused the record.

                        The sentence awarded to the appellant being three years is short one; the appellant was enjoying the concession of bail at trial 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.30,000/- and P.R bond in the like amount to the satisfaction of Additional Registrar of this Court.

                        The listed application M.A.No.1854/2023 is disposed of accordingly. The appeal is adjourned to date in office for hearing of appeal.                                                                                                                                 JUDGE