O R D E R     S H E E T

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

Criminal Appeal No. S- 115    of 2011

Date	Order with signature of the Judge

1. For orders on M.A No.2374/2011 (u/a)

2. For orders on M.A No.2150/2011 (E/a)

3. For orders on M.A No.2208/2011 (u/s 426 Cr.PC)

18.11.2011

Mr. Abdul Qadir Abro, advocate for appellant.

Mr. Naimatullah Bhurgri, State counsel.            

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1.         Granted.

2.         Granted subject to all just exceptions.

3.         Through this application, appellant has sought suspension of sentence. It is inter alia, contended that no overt act is attributed to the appellant as neither he caused any injury to the complainant or any prosecution witness; sentence is too short and during trial appellant was on bail.

            Mr.Naimatullah Bhurgri, State counsel very candidly concedes the application.

            Perusal of impugned judgment dated 28.9.2011 reveals that appellant was tried for offence under section 324, 337-F(iii), 337-F(v), 452, 114, 504, 34, PPC  and was convicted and sentenced to suffer R.I for five years with fine of Rs.5000/-. Since the sentence is too short and admittedly no overt act is attributed to the present appellant and keeping in view the number of pending appeals, this appeal is not likely to be heard in near future.

            For the foregoing reasons, instant application is allowed. Consequently, sentenced awarded to the appellant is suspended. Let the appellant shall be released on bail on his furnishing solvent surety in the sum of Rs.50,000/- with P.R bond in the like amount to the satisfaction of the Additional Registrar of this Court.

                                                                                                            Judge