IN THE HIGH COURT OF Sindh, circuit court, Larkana

Criminal Appeal No.S-47 of 2024

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DATE               ORDER WITH SIGNATURE OF HON’BLE JUDGE______________

1. For order on office objection “A”

2. For hearing of main case.

3. For hearing of M.A No.4076/2024

14-02-2025

                   Mr. Syed Fida Hussain Shah, Advocate for the Appellant

                   Mr. Aitbar Ali Bullo, DPG.

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Khalid Hussain Shahani-J:-     This application under Section 426 of the Code of Criminal Procedure (Cr.P.C.) seeks suspension of the sentence awarded to the applicant and release on bail, pending the final disposal of his criminal appeal against conviction.

2. The applicant was convicted by the learned trial court in Case FIR No. 94/2023, dated 14-11-2023, under Section 23(i)A and 25 Sindh Arms Act, 2013 and sentenced to [Imprisonment for 10 years] along with a fine of Rs. 200,000/-. The applicant filed an appeal against the said conviction before this Court, which is pending for final adjudication.

3. Learned counsel for the applicant contends that:

• The prosecution's evidence is riddled with contradictions and procedural irregularities.
• The disposal of the appeal is unlikely to take place in the near future due to the backlog of cases, resulting in undue incarceration without final adjudication.
• The applicant is not a hardened or desperate criminal.
• That the appellant has already been acquitted in main case bearing crime No.93 of 2024 for offence under section 393 PPC of police station Karampur by the court of Judicial Magistrate, Tangwani, vide judgment dated 23.2.2024.

4. The learned Deputy Prosecutor General has opposed the application, stating that mere filing of an appeal and the applicant's long confinement do not justify suspension of the sentence. However, it is admitted that the appeal may take considerable time to be decided.

5. Section 426 of the Cr.P.C. empowers the appellate court to suspend the execution of a sentence and release the convict on bail if there are sufficient grounds. Courts have consistently emphasized that prolonged incarceration, absence of a serious criminal record, and statutory delays are valid grounds for such relief.

6. The right to liberty is enshrined under Article 9 of the Constitution, which provides that no person shall be deprived of life or liberty except in accordance with the law. The courts have held that prolonged incarceration without timely adjudication of appeals violates this fundamental right, as highlighted in the case of Sajjad Hussain alias Shaka v. The State (2022 YLR 359).

7. In the case of Ahmad Ali and another v. The State (2023 P Cr. L J 139), the court emphasized that continued incarceration serves no useful purpose if there is prima facie doubt about the sustainability of the conviction. Furthermore, in Modassar v. The State (2021 YLR Note 91), the court reiterated that prolonged detention without foreseeable disposal of an appeal constitutes a violation of constitutional rights.

8. After hearing the arguments and reviewing the record, this Court is satisfied that the applicant has made out a case for suspension of sentence. The appeal is not expected to be decided soon. Furthermore, the applicant has demonstrated that there are arguable points in the appeal, warranting further consideration. The applicant's continued detention, in the absence of timely adjudication of his appeal, would unjustly infringe upon his constitutional right to liberty.

9. In view of the foregoing, this application is allowed. The sentence awarded to the applicant is suspended during the pendency of the appeal. The applicant shall be released on bail upon furnishing solvent surety in the sum of Rs.50,000/- and PR bond in the like amount to the satisfaction of the Additional Registrar of this Court.

The applicant is directed to appear before this Court on all future dates of hearing until the final disposal of the appeal.

                   To come up on 19.02.2025.

JUDGE

Asghar/PA