ORDER SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT COURT, LARKANA

Criminal Appeal No.S-33 of 2023

(SHO Ameer Ali Shah & Ors Vs. The State)

DATE                         ORDER WITH SIGNATURE OF JUDGE

1. For hearing of M.A.No.1562/2023 (426  Cr.PC).

2. For hearing of main case.

17.04.2023.

Mr. Safdar Ali Bhutto, Advocate for the appellants.

Mr. Aitbar Ali Bullo, D.P.G for the State.

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                        The appellants on conclusion of trial have been convicted and sentenced to various terms of imprisonment spreading over seven years with fine; all the sentences were directed to run concurrently with no benefit of Section 382-B Cr.PC, by learned 2^nd Additional Sessions Judge, Qamber, vide judgment dated 28.03.2023, which they have impugned before this Court by preferring an appeal; it has been admitted to regular hearing and in the meanwhile they have sought for their release on bail pending disposal of their appeal.

                        It is contended by learned counsel for the appellants that the appellants being innocent have been involved in this case falsely; the very case was cancelled by the police under false “B” class and such aspect of the case has been lost sight by learned trial Court; they were enjoying the concession of bail at trial and hearing of their appeal is likely to take time. By contending so, he sought for release of the appellants on bail by suspending the operation of the impugned sentence. In support of his contentions, he relied upon case of Mst.Latif Bibi Vs. Abdul  Ghafoor & Ors (1994 SCMR-1727).

                        None has come forward to advance arguments on behalf of the complainant. However, learned D.P.G for the State have opposed to release of the appellants on bail by contending that hearing of their appeal would take no time.

                        Heard arguments and perused the record.

                        The FIR of the incident has been lodged with delay of about 12 days that too after having recourse under Section 22-A/B Cr.PC; the same on investigation was recommended by the police to be cancelled under false “B” class; the cognizance of the offence against the appellants has been taken by the Magistrate having jurisdiction by disagreeing with the recommendation of the police; they at trial were enjoying the concession of bail; co-accused Saeed Ahmed, Riaz Hussain, Abdullah and Abdul Jabbar on the basis of same  evidence have already been acquitted by learned trial Court and hearing of their appeal is likely to take time; all these factors collectively justify suspending the operation of impugned sentence; it is suspended accordingly; consequently; the appellants are directed to be released on bail subject to their furnishing surety in sum of Rs.50,000/- each and P.R bond in like amount to the satisfaction of Addl.Registrar of this Court.

                        The listed application M.A.No.1562/2023 is disposed of accordingly. Appeal is adjourned to be fixed before the Court for hearing after preparation of paper book.                                                                                                                                 JUDGE