ORDER SHEET
THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Cr. Appeal No.S- 66 of 2024
DATE ORDER WITH SIGNATURE OF JUDGE
1. For orders on MA No.654 of 2025. U/A.
2. For orders on office objection-A.
3. For hearing of main case.
4. For hearing of MA No.439 of 2024. 426 Cr.PC.
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07.02.2025
Mr. Ashique Hussain Kalhoro, Advocate for the appellant.
Mr. Aitbar Ali Bullo, DPG for the State.
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Appellant/convict Munir Ahmed Ogahi by means of instant application seeks release on bail in terms of section 426 Cr.PC on the plea that the punishment/sentence awarded to the appellant is ten years; however, he has been convicted/sentenced for three years in main case bearing crime No.122 of 2024 offence under section 324, 353, 402 PPC, Police Station A-Section Kashmore, and sentence so awarded has been suspended by this Court today. Therefore, there are vital chances of appellant to succeed in appeal, as the case of the prosecution rests on the sole evidence of police officials, who claim recovery of weapons from the appellant after an encounter, in which no body from the either side has sustained even a scratch on his person. He further submits that appeal will take time in its hearing, therefore, the appellant may be released on bail by suspending his conviction/sentence. In support of such contentions, he placed reliance on the case of Abdul Hameed v. Muhammad Abdullah (1999 SCMR 2589) and unreported order dated 30.1.2017 passed by this Court in Cr. Appeal No.S-106/2016 (Mohsin V. the State).
Learned DPG appearing on behalf of the State, raises objection for grant of application.
There is heavy backlog of pendency on the board, even paper book will consume sometime in its preparation. The appellant has been convicted and sentenced three years in main case, whereby sentence awarded to him has been suspended. Therefore, keeping in view the submissions made by learned counsel for the appellant and dictum laid down by the honorable Apex Court in cited case law, the conviction/sentence in terms of impugned Judgment is hereby suspended. The application in hand is allowed. The 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 Additional Registrar of this Court.