ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Cr. Revision Appln. No:  S-74 of 2011.

Date                          Order with signature of judge.

1. For orders on M.A No. 2299/2011.

2. For Katcha Peshi.        

3. For orders on M.A No.2300/2011.

03.11.2011.

Mr. Mohammad Usif Magsi, advocate for the applicant.

Mr. Naimatullah Bhurgri, State Counsel

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1.       Granted.

            2&3.    Heard learned counsel for the applicant/petitioner.  He  submits that the  offence U/S 13-D Arms Ordinance is out come of Crime NO.247/2010  lodged U/S 188 PPC.  He submits that the alleged recovery of  revolver and 6 lives bullets of 32 bore  from the possession of applicant/petitioner has been foisted upon him  by the police.  He submits that the learned appellate Court  hs not considered  the true perspective of the case.  He submits that all the witnesses   are police officials.  He submits  that learned trial Court has awarded  sentence  of one year U/S13-DAO 1965 and also sentenced  the applicant to pay fine of Rs.5000/= and in default of payment of fine, the petitioner shall suffer S.I for further two months.  He submits that  the benefit of section 383-B Cr.P.C  was also extended  in favour of the applicant/petitioner.   He submits that the  learned trial Court and appellate Court has failed to consider that  during trial the complainant has not produced  the entry  to justify that he has left the police station on the alleged date  and time.  He further  submits that the petitioner  was arrested from the thickly populated area  but no independent person was cited as witness whereby   there is violation  of section 103 Cr.P.C  and all these factors  have not been considered by the two courts  below.  He submits  that two courts below have misread the evidence  and that the miscarriage of justice  has been done with the petitioner. 

                        The contentions  raised require consideration.  Admit. Notice. Call R&Ps. Adjourned to a date in office.

                        Learned counsel submits that applicant/petitioner has been awarded punishment R.I for one year  and fine of Rs.5000/= and in default of payment of fine he shall suffer  S.I for further two months.  He further submits that the benefit of section 382-B Cr.P.C  was also extended to the applicant/petitioner.  He submits that learned appellate Court dismissed the appeal of the applicant/petitioner  without going  through the law  laid down by the superior Courts  in the cases  falling  under the provision of section 195  Cr.P.C.  He further submits that sentence is short one and due to heavy work load upon  this Court,  this revision application  will take time  for its final hearing. He submits that the sentence of the applicant/ petitioner may be suspended. 

                        Mr. Naimatullah Bhurgri, State Counsel    concedes   for suspension of sentence  of the applicant/petitioner. 

                        Considering the above facts and circumstances    and no objection recorded by  the  learned State Counsel,  sentence of the petitioner is suspended  subject to his furnishing solvent surety in the sum of Rs.10,000/= with P.R bond in the like amount to the satisfaction of  Additional Registrar of this Court.

JUDGE