ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Appeal No. S- 71 of 2024

Date of hearing

Order with signature of Judge

1. For hearing of main case.

2. For hearing of MA No.4509/2024. 426 Cr.PC.

04.02.2025.

          Messrs Safdar Ali G. Bhutto and Mushtaque Ahmed Langah,  Advocates for the Appellant.

          Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh

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          Appellant/convict Shuaib Ahmed Awan by means of instant application seeks release on bail in terms of section 426 Cr.PC on the ground that the punishment/sentence awarded to the appellant is ten years which falls under the ambit of short sentence. He further submits that appeal will take time in its hearing therefore, appellant be released on bail by suspending his conviction/sentence. In support of his contention he placed reliance on the case of Abdul Hameed V. Muhammad Abdullah (1999 SCMR 2589) and an unreported order dated 30.01.2017 passed by this court in Criminal Appeal No.              S-106/2016 (Mosin V. The State).

          Learned Deputy Prosecutor General appearing on behalf of the State raised objection to the grant of application.

          The appellant has been convicted and sentenced for 10 years and there is heavy backlog of pendency on the board even paper book will consume sometime in its preparation.  The sentence being 10 years falls within the ambit of short sentence as defined by Hon’ble Supreme Court in the case of Abdul Hameed V. Muhammad Abdullah (1999 SCMR 2589) the conviction/sentence in terms of impugned judgment are hereby suspended. The application in hand is allowed. Appellant shall be released on bail subject to furnishing solvent surety in the sum of          Rs.50,000/- (Rupees Fifty Thousand) and PR bond in the like amount to the satisfaction of the Additional Registrar of this Court.

J U D G E

S.Ashfaq