ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Appeal   No.S-71  of  2012

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

17.8.2012.

For Hearing of M. A. No.1846/2012.

Mr. Muhammad Iqbal Mahar, advocate for the appellants.

Mr. Imtiaz Ahmed Shahani, State Counsel.

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                   This is an application for suspension of the sentence awarded to the appellants Mukhtiar and Gulloo, both by caste Sabzoee, by learned Additional Sessions Judge, Kashmore, in Sessions Case No.64/2011, State v. Mukhtiar and others, bearing crime No.07/2011, registered at P.S Gublo Katcho, under Sections 324, 353, 368, 148, 149, PPC.  The appellants were convicted and sentenced to suffer R.I. for seven years for committing offence under Section 368, PPC and to pay fine of Rs.5000/- each and in case of default in payment of fine they were ordered to undergo S.I. for one month more. Benefit Section 382-B, Cr.P.C was also extended in their favour.

                   Mr. Muhammad Iqbal Mahar, learned advocate for the appellants, contended that appellants/accused have been convicted under Section 368, PPC only for 07 years R.I. and they have been acquitted in the remaining sections and there is also likelihood of the acquittal of the appellants/accused in this case, as evidence of prosecution witnesses has been partly believed and partly disbelieved by the trial Court.  Lastly it is argued that hearing of appeal might take some time.  In support of his contentions he has referred to an unreported order passed by High Court of Sindh, Circuit Court Larkana  in Criminal Appeal No.D-69/2009, dated 30.10.2009.

                   Mr. Imtiaz Ahmed Shahani, learned State Counsel, in view of the circumstances of the case raised no objection for suspension of the sentence.

                   From the perusal of the case law cited above it transpires that this Court has suspended the sentence as follows :-

“This is an application for suspension of sentence awarded to the appellant for seven years and six months in crime No.39/2006 PS Civil Lines, Larkana.  Counsel for the appellant states that as the disposal of this appeal might take some time and sentence being short may be suspended.  State Counsel has no objection for suspension of sentence.  Hence sentence of the appellant is suspended and he is enlarged on bail upon his furnishing solvent surety in the sum of Rs.200,000/- (Two lacs) and P.R bond in the like amount to the satisfaction of Additional Registrar of this Court.”

                   Learned State Counsel has recorded no objection, as it is argued that appellants have been convicted only under Section 368, PPC and they have been acquitted with regard to the remaining Sections viz., 324, 353, 148, 149, PPC; prosecution evidence has been partly believed and partly disbelieved, therefore, while relying upon the above-cited authority and keeping in view the above circumstances that disposal of this appeal might take some time, sentence of the appellants is suspended and they are enlarged on bail upon furnishing solvent surety in the sum of Rs.200,000/- each and P.R bond in the like amount to the satisfaction of Additional Registrar of this Court.

                   Application is disposed of.

                                                                                                JUDGE