ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Cr. Revn. Application No.S-70 of 2023
|
Date of Hearing |
ORDER WITH SIGNATURE OF JUDGE |
01.02.2024.
1. For orders on office objection.
2. For hearing of main case.
3. For hearing of M. A. No.4479/2023 (426, Cr.P.C)
Mr. Muhammad Afzal Jagirani, advocate for the applicant.
Mr. Aitbar Ali Bullo, D.P.G.
Mr. Abdul Ghani Bijarani, advocate for the complainant.
O R D E R.
3. Through the listed application (M.A. No.4479 of 2023) under Section 426, Cr.P.C, applicant Junaid Ahmed son of Baleel Khan Bajkani seeks his release on bail by suspension of operation of sentence awarded to him vide impugned judgment dated 13.09.2023, passed by the trial Court/Civil Judge & JM-I/MTMC, Kandhkot in Cr. Case No.51/2023, which was maintained by the appellate Court/Additional Sessions Judge-II, Kandhkot vide judgment dated 10.10.2023 passed in Cr. Appeal No.13/2023.
Learned Counsel for the applicant submits that the sentence awarded to the appellant is 03 years, which comes within the ambit of short sentence. He submits that the applicant has got a good case for his release on bail during pendency of revision application.
Learned DPG does not oppose the application, for the reason that the sentence awarded to the applicant is short one. Whereas, learned Counsel for the complainant though opposes the application, however, is unable to controvert the legal position that sentence awarded to the applicant 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 sentences awarded to the applicant vide impugned judgments dated 13.09.2023 and 10.10.2023 passed by trial Court as well as the appellate Court, is suspended pending disposal of the revision application and the applicant 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 04.03.2024 for hearing of main revision application; to be taken up at 11.30 a.m.
JUDGE
Qazi Tahir PA/*
ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Cr. Revn. Application No.S-71 of 2023
|
Date of Hearing |
ORDER WITH SIGNATURE OF JUDGE |
01.02.2024.
1. For orders on office objection.
2. For hearing of main case.
3. For hearing of M. A. No.4481/2023 (426, Cr.P.C)
Mr. Muhammad Afzal Jagirani, advocate for the applicant.
Mr. Aitbar Ali Bullo, D.P.G.
Mr. Abdul Ghani Bijarani, advocate for the complainant.
O R D E R.
3. Through the listed application (M.A. No.4481 of 2023) under Section 426, Cr.P.C, applicant Junaid Ahmed son of Baleel Khan Bajkani seeks his release on bail by suspension of operation of sentence awarded to him vide impugned judgment dated 13.09.2023, passed by the trial Court/Civil Judge & JM-I/MTMC, Kandhkot in Cr. Case No.52/2023, which was maintained by the appellate Court/Additional Sessions Judge-II, Kandhkot vide judgment dated 10.10.2023 passed in Cr. Appeal No.12/2023.
Learned Counsel for the applicant submits that the sentence awarded to the appellant is 03 years, which comes within the ambit of short sentence. He submits that the applicant has got a good case for his release on bail during pendency of revision application.
Learned DPG does not oppose the application, for the reason that the sentence awarded to the applicant is short one. Whereas, learned Counsel for the complainant though opposes the application, however, is unable to controvert the legal position that sentence awarded to the applicant 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 sentences awarded to the applicant vide impugned judgments dated 13.09.2023 and 10.10.2023 passed by trial Court as well as the appellate Court, is suspended pending disposal of the revision application and the applicant 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 04.03.2024 for hearing of main revision application; to be taken up at 11.30 a.m.
JUDGE
Qazi Tahir PA/*