ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Criminal Appeal.No.S-49 of 2024.
(Abdul Rasheed Khoso Vs. The State)
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DATE ORDER WITH SIGNATURE OF HON’BLE JUDGE
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01. For the hearing of the main case.
02. For hearing of M.A.No.4098/2024 (Appl. u/s.426 Cr.PC)
01.08.2024
Mr. Athar Abbas Solangi, Advocate for the appellant.
Mr. Aitbar Ali Bullo, D.P.G for the State.
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The facts, in brief, necessary for the disposal of the instant application u/s.426 Cr.PC are that a Truck containing chaff allegedly on account of rash and negligent driving by its driver Ameer Bux (now absconding), over-turned and fell on two Rickshaw-carts, thereby Abdullah, Mst.Shahnaz @ Shahzadi, Mst.Bashiran, Mst.Rasheedan, Irfan and Muhammad Yousif died of suffocation while Mst.Rani, Qurban, Jamshed, Barkat, Haroon and Mst.Sumaira sustained injuries, besides the rickshaw-carts sustained damage, for which the FIR of the present case was lodged by HC Habibullah on behalf of the State with P.S, A-Section Kandhkot.
On completion of the trial, the appellant was found guilty and convicted u/s.320 PPC, and sentenced to undergo rigorous imprisonment for 10 years and to pay Diyat to the legal heirs of the said deceased; the benefit of Section 382-B Cr.PC was awarded to the appellant, by learned 1st Additional Sessions Judge/MCTC, Kandhkot, vide judgment dated 02.07.2024, which he has impugned before this Court by preferring an appeal and in the meanwhile, by way of listed application, he has sought his release on bail pending disposal of his appeal by suspending the operation of the impugned sentence.
It is contended by counsel for the appellant that the appellant has nothing to do with the alleged incident and his conviction is based on his ownership over the Truck which is against the spirit of the law; therefore, he is entitled to be released on bail by suspending the operation of the impugned sentence, which is not opposed by learned D.P.G for the State.
Heard arguments and perused the record.
Admittedly, the appellant was not found driving the Truck, which met with the an accident; his involvement in the commission of the incident is based on his ownership over the subject Truck; the offence is bailable; the appellant was enjoying the concession of bail at trial and hearing of his appeal before this Court is likely to take some time on account of heavy pendency, therefore, the operation of the impugned sentence is suspended, consequently, he is directed to be released on bail subject to his furnishing surety in the sum of Rs.200,000/- and P.R bond in the like amount to the satisfaction of Additional Registrar of this Court.
The listed application M.A.No.4098/2024 is disposed of accordingly.
To be fixed after four weeks for hearing of the main appeal.
JUDGE