ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Appeal No.S-07 of 2024

Date of

Hearing

ORDER WITH SIGNATURE OF JUDGE

15.02.2024.

1. For orders on office objection.

2. For hearing of main case.

3. For hearing of M. A. No.469/2024 (426, Cr.P.C)

Mr. Habibullah G. Ghouri, advocate for the appellant.

Mr. Aitbar Ali Bullo, D.P.G.

O R D E R.

3. Through the listed application (M.A. No.469 of 2024) under Section 426, Cr.P.C, appellant Abid Hussain son of Niaz Muhammad, by caste Chachar, seeks his release on bail by suspension of operation of sentence awarded to him vide judgment dated 31.01.2024, passed by the trial Court/1^st Additional Sessions Judge, Kandhkot, in Sessions Case No.441/2023 re-The State v. Abid Hussain Chachar.

Learned Counsel for the appellant submits that the sentence awarded to the appellant is 03 years, which comes within the ambit of short sentence. He submits that the appellant has got a good case for his release on bail during pendency of instant appeal.

Learned DPG does not oppose the application, for the reason that the sentence of 03 years awarded to the appellant is short one.

In view of above facts and circumstances as well as following the principle laid down by the Hon’ble Supreme Court of Pakistan in the case of ABDUL HAMEED V. MUHAMMAD ABDULLAH & others (1999 SCMR 2589), listed application is allowed, the operation of the impugned judgment and sentence awarded to the appellant vide impugned judgment dated 31.01.2024 passed by trial Court, is suspended pending disposal of this appeal and the appellant is directed to be released on bail subject to his furnishing solvent surety in the sum of Rs.100,000/- (Rupees one hundred thousand) and P.R Bond in the like amount to the satisfaction of Additional Registrar of this Court.

2. To come up on 25.03.2024 for hearing of main appeal.

JUDGE

Qazi Tahir PA/*