ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Appeal No.D-09 of 2014.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE.

02.4.2014.

For hearing of M. A. No.127/2014.

Mr. Nisar Ahmed G. Abro, advocate for the appellants.

Mr. Imtiaz Ali Jalbani, Asst. Prosecutor General.

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The appellants were tried by the learned Sessions Judge/Special Judge for Control of Narcotic Substances, Kamber-Shahdadkot at Kamber, in Special Case No.04/2011, Crime No.32/2011, registered at P.S Qubo Saeed Khan, under Section 9(c) of the Control of Narcotic Substances Act, 1997, by judgment dated 17.3.2014 the appellants have been convicted for offence under Section 9(b) of the Control of Narcotic Substances Act, 1997 and sentenced to suffer R.I. for one year and five months, with fine of Rs.6000/- each, in case of default in payment of fine, they shall suffer S.I for three months and 15 days more.

Through the instant application, the appellants seek suspension of the sentence awarded to them, during the pendency of the appeal.

It is mainly contended that sentence of one year and five months is short one and hearing of the appeal will take some time. It is further submitted that appellants were on bail during the trial.

Learned Asst. Prosecutor General, appearing on behalf of the State, recorded no objection, on the ground that sentence is short one.

We are of the considered view that this is the fit case for suspension of the sentence during the pendency of the appeal, for the reasons that sentence is short one, hearing of the appeal will take some time, therefore, sentence awarded to the appellants by the trial Court is suspended during the pendency of the appeal subject to furnishing solvent surety in the sum of Rs.50,000/- (Rupees Fifty Thousand) each and P.R bond in the like amount to the satisfaction of Additional Registrar of this Court.

Application stands disposed of in the above terms.

Sd/- JUDGE