ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Appeal No.200 of 2014

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DATE ORDER WITH SIGNATURE(S) OF JUDGE(S)

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For hearing of CMA No.6597/2014 (u/s 426 Cr.PC)

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13.08.2014

Mr. Muhammad Kamran Mirza, Advocate for Appellant

Mr. Abdullah Rajput, A.P.G.

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NAIMATULLAH PHULPOTO, J.- Appellant Zahid Pervaiz son of Hafeezur Rehman was convicted for offence under section 23(1)(a) of the Sindh Arms Act, 2013, vide judgment dated 02.07.2014 rendered by learned IV Assistant Sessions Judge, Central Karachi and sentenced to suffer R.I. for 4 years and fine of Rs.10,000/-, in case of default in payment of fine it was ordered that accused shall suffer SI for three months more. Benefit of section 382-B Cr.PC was also extended to the Appellant. Appellant seeks suspension of sentence.

Learned advocate for the appellant mainly argued that sentence of 4 years is short one, hearing of appeal will take some time. He further argued the alleged recovery has been foisted upon him. In support of his contentions learned advocate for appellant placed reliance on 1999 SCMR 2589.

Mr. Abdullah Rajput, APG appearing on behalf of the State opposed the application for suspension of sentence and submitted that the learned trial Court has rightly awarded the sentence inasmuch as the evidence was properly appraised.

In my considered view, sentence of 4 years is short one, disposal of appeal may take some time. Appellant is in jail since last two months. While respectfully relying upon the above cited authorities, application for suspension of sentence is allowed. The appellant shall be released on bail during pendency of appeal upon furnishing solvent surety in the sum of Rs.50,000/- (Rupees Fifty Thousand) and P.R. bond in the like amount to the satisfaction of the Nazir of this Court.

JUDGE

Gulsher/PA