IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Appeal No.269 of 2023
|
DATE |
ORDER WITH SIGNATURE(s) OF THE JUDGE(s) |
1. For hearing of main case.
2. For hearing of M.A. No.1097/2022.6080/2023
--------------------------------
15.08.2023
Syed Muhammad Nehal Hashmi, advocate for appellant
Mr. Pir Riaz Muhammad Shah, DAG
-------------------------------------------
Appellant Faisal Abdul Rasheed son of Abdul Rasheed Karim was tried along with co-accused Muhammad Sharif son of Muhammad Ismail by learned Special Court (Offences in Banks) Sindh at Karachi in Case No.22/2014, arising out of FIR No.16/2014, registered at P.S. FIA (CC), Karachi for offences under Sections 420, 468, 471, 109, 34, PPC. After regular trial, vide judgment dated 06.05.2023, appellant Faisal Abdul Rasheed and Muhammad Sharif were convicted and sentenced by the trial Court as under:-
a) Accused Faisal Abdul Rasheed and Muhammad Sharif are convicted under Section 420 PPC read with Section 34 PPC and sentenced to suffer R.I. for Five (5) Years and are also fined to Rupees Five Million Each (Rs.5,000,000/- each). In case of non-payment of fine, accused will suffer R.I. for further Two (2) Years. The imposition of fine on each accused is in the light of Sub-Section (3) of Section 6 of the Offences in Respect of Banks (Special Courts) Ordinance, 1984.
b) Both accused are also convicted under Section 468 PPC read with Section 34 PPC and sentenced to suffer R.I for Five (5) Years and are fined to Rs.500,000/- (Rupees Five Lacs only). In case of non-payment of fine, accused will suffer R.I for further Two (2) Years.
c) Both accused are further convicted under Section 471 PPC read with Section 34 PPC and sentenced to suffer R.1 for Two (2) Years and are fined to Rs.200,000/- (Rupees Two Lacs only). In case of nonpayment of fine, accused will suffer R.I for One (1) Year more.
d) Accused Faisal Abdul Rasheed and Muhammad Sharif are also convicted under Section 109 PPC and sentenced to suffer R.I for Five (5) Years and are also fined to Rupees Two Lacs each (Rs.200,000/- each). In case of non-payment of fine, accused shall suffer R.I for One (1) Year more.
e) Both above named accused shall be entitled for the benefit of Section 382(B) Cr.P.C.
(f) All the sentences shall run concurrently.
2. Appellant Faisal Abdul Rasheed filed appeal against his conviction and sentences. It was admitted to regular hearing by this Court vide order dated 29.05.2023. Along with appeal, application for suspension of sentence is moved. Notice was issued to the D.A.G.
3. Learned advocate for appellant Faisal Abdul Rasheed mainly argued that the trial Court has committed several illegalities while conducting the trial; that the appellant was on bail during trial. Lastly, it is argued that the appellant has been convicted and sentenced to five years R.I. and sentence of five years is a short sentence and prayed for suspension of sentence during pendency of appeal while relying upon the case of Abdul Hameed versus Muhammad Abdullah and Others (1999 SCMR 2589).
4. Mr. Pir Riaz Muhammad Shah, D.A.G., recorded no objection for suspension of sentence during pendency of appeal on the ground that five years’ sentence is a short one.
5. We have heard the learned counsel for the parties and perused the relevant record.
6. It appears that the appellant was on bail during trial; appeal is fresh one, the same was admitted to regular hearing by this Court on 29.05.2023; hearing of appeal due to huge pendency of appeals will take time. 05 years’ sentence awarded to appellant is short sentence as held by the Hon’ble Supreme Court of Pakistan in the case of Abdul Hameed vs. Muhammad Abdullah and others (1999 SCMR 2589). Relevant portion is reproduced as under:
“4. ……………… We are inclined to hold that since the sentence was short and as the sentence was enhanced by the learned Additional Sessions Judge from three years to five years, it was fit case in which the Learned Judge in Chambers should have exercised the discretion in favour of the convict. We convert the above petition into appeal and admit the petitioner to bail in the sum of Rs.2,00,000 (two lacs) with one surety in the like amount to the satisfaction of the trial Court.”
7. Sentence of five years is a short sentence, D.A.G. has also recorded no objection for suspension of sentence during pendency of appeal. Therefore, while relying upon the above cited judgment of the Hon’ble Supreme Court of Pakistan, sentence of appellant Faisal Abdul Rasheed son of Abdul Rasheed Karim is suspended during hearing of appeal, subject to furnishing solvent surety in the sum of Rs.2 Million and P.R. bond in the like amount to the satisfaction of the Nazir of this Court.
8. Application for suspension of sentence is allowed. However, learned counsel for the parties are directed to come prepared on the next date of hearing for hearing of appeal.
J U D G E
J U D G E
Gulsher/PS