ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Appeal No.S-60    of   2023

Date of Hearing

ORDER WITH SIGNATURE OF JUDGE

10.07.2023.

1. For orders on office objection.

2. For hearing of M.A. No.2788/2023.

3. For hearing of M.A. No.2789/2023(426, Cr.P.C).

4. For hearing of main case.

Mr. Ali Anwar Kandhro, Addl. P.G.

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                   Miss Khadija Bhatti advocate files Vakalatnama on behalf of appellants, which is taken on record. She requests that application u/s 426, Cr.P.C. (M.A. No.2789/2023) may be heard today.  Her request is allowed and the matter is taken up for hearing of said application.

3.       Through the listed application (M.A. No.2789 of 2023) under Section 426, Cr.P.C, applicants 1) Adan @ Kaura Khan, 2) Dado, 3)Mashooque Ali, 4) Ghulqam Ali, 5) Baboo, 6) Abdul Fatah, 7) Anwar, 8)Laloo, and 9) Punhal, all by caste Junejo, seeks release of the applicants on bail by way of suspension of sentence awarded to them by the learned Sessions Judge, Jacobabad vide judgment dated 12.06.2023 in Sessions Case No.446/2021 re-Babal Khan Soomro vs. Adnan alias Kaura Khan & others, being outcome of complainant u/s 3, 4, 7 and 8 of the Illegal Dispossession Act, 2005, whereby the applicants were convicted for an offence u/s 3(2) of the Illegal Dispossession Act, 2005 and sentenced to undergo imprisonment of five years and to pay compensation of Rs.50,000/- each to the complainant.

          The learned advocate for the applicants has mainly contended that the applicants are innocent and they have been falsely implicated in the subject case by the complainant due to enmity over the land; that the sentence of five years awarded to the appellants is short sentence; and, that the appellants are neither previous convict nor is involved in any other criminal case.  Placing her reliance on the case of Abdul Hameed v. Muhammad Abdullah and others (1999 SCMR 2589), learned Counsel prays that the appellants may be released on bail.

          The learned Addl. P.G. has frankly conceded to the grant of instant application, contending that the sentence of five years being a short sentence is a valid ground for release of a convict on bail. 

          Due to the heavy backlog of the cases, preparation of paper book will take sufficient time, therefore, final decision of this criminal appeal is not possible in near future.  In such view of the matter, I do not find any valid reason to decline the prayer of the applicants for their release on bail. Accordingly, the instant application is allowed and operation of the sentence awarded to the applicants vide impugned judgment dated 12.6.2023 is suspended pending disposal of this appeal. Applicants are directed to be released on bail subject to their furnishing solvent surety in the sum of Rs.50,000/- (Rupees fifty thousand only) each and P.R bonds in the like amount to the satisfaction of Additional Registrar of this Court. The listed application is disposed of.

1, 2 & 4.       Hearing of appeal is adjourned to 10.08.2023.    

                                                                                           JUDGE

Qazi Tahir PA/*