ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.
Cr. Appeal No.S- 83 of 2023.
Date Order with signature of Hon’ble Judge
1. For orders on M.A No.4285 of 2023.
2. For hearing of main case.
11.12.2023.
Mr. Javed Ahmed Soomro, advocate for the appellants.
Mr. Khalil Ahmed Metlo, Asstt: P.G.
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1. By this application, applicants seek suspension of sentence awarded to them under impugned judgment dated 28.9.2023 passed by learned trial Assistant Sessions Judge-II, Jacobabad in Sessions Case No.105 of 2023 re; State v. Aijaz @Muhammad Aijaz Buriro and another arisen out of Crime No.05 of 2023 of P.S Dilmurad for offence U/S 402, 399, 324, 353 PPC and their on bail.
Learned counsel submits that the sentence awarded to the applicants/accused under impugned judgment dated 28.9.2023 is short one and the disposal of appeal would take long time therefore, he seeks suspension of sentence and grant of bail to the applicants/accused.
Learned Assistant P.G appearing for the state has extended no objection.
Perusal of impugned judgment reveals that applicants/accused have been convicted and sentenced to for offence U/S 324 and 353 PPC to suffer R.I for five years and 2 years respectively, thus the sentence awarded to them is short one and the disposal of appeal could possibly take sufficient time.
Consequently listed application under Section 426 Cr.P.C being M.A No.4285 of 2023 is hereby allowed. In view of above, the sentence awarded to the applicants/ accused under impugned judgment passed by the trial Court, being short one, is suspended during pendency of instant appeal. The applicants are granted bail subject to furnishing their solvent surety in the sum of Rs.50,000/= each and P.R bond in the like amount to the satisfaction of Additional Registrar of this Court.
2. To come up on 18.01.2024 for hearing of main case.
JUDGE
Shabir