ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Appeal No.D-14  of  2012

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

06.04.2012.

1. For orders on M. A. No.891/2012.

2. For hearing of M. A. No.403/2012.

Mr. Muhammad Saleem Jessar, advocate for the appellant.

Mr. Ali Raza Pathan, State Counsel.

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1.                Granted.

2.                This is an application moved under Section 426, Cr.P.C.  Mr.Ali Raza Pathan, learned State Counsel, waived notice of this application. 

                   Learned Counsel for the appellant argued that vide judgment dated 24.1.2012 passed in Special Case No.67/2009 the appellant was convicted and sentenced to suffer R.I. for 02 years and to pay fine of Rs.40,000/-.  Learned Counsel further argued that the appellant was arrested on 22.5.2009 and thereafter he was bailed out on 02.3.2010 and from the date of conviction he was again taken into custody on 24.1.2012 and since then he is behind the bars.  The learned Counsel further submits that this appeal pertains to the year 2012 and on 24.2.2012 it has been admitted for regular hearing, due to backlog of cases it will take enough time to decide and since this is a case of short sentence, the appellant may be released on bail during the pendency of this appeal. 

                   The learned State Counsel has no objection keeping in view the short sentence.

                   We have considered the arguments of the learned Counsel.  It is true that this appeal has been instituted in the year 2012 and after preparing the paper book it will take enough time for regular hearing and its decision.  Since it is a case of short sentence, we are inclined to release the appellant on bail during the pendency of this appeal.  This application is allowed.  The conviction is suspended and the appellant is released on bail subject to furnishing solvent surety in the sum of Rs.200,000/- and P.R bond in the like amount to the satisfaction of the Additional Registrar of this Court.  Office is directed to fix this appeal for regular hearing immediately after preparation of paper book.

                                                                                                JUDGE

                                                                   JUDGE