ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Cr. Appeal No.345 of 2016
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DATE OF HEARING |
ORDER WITH SIGNATURE OF HON’BLE JUDGE. |
Mr. S. Ahsan Raza, advocate for appellants.
Mr. M. Shoaib Mirza, Standing Counsel
Date of hearing : 02.11.2016
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ORDER
SHAHNAWAZ TARIQ, J:- Through instant application under section 426 Cr.P.C, applicants Muhammad Naeem, Muhammad Sarwar and Jabir Nadeem have impugned judgment dated 29.09.2016, passed by learned Special Court (Central-I) Karachi in Case No.10/2010 vide FIR No. 16/2015, under section 420,109/34 PPC, 114 Railway Act, r/w 5(2) PCA, 1947 lodged at PS Karachi Cantt. whereby appellants were convicted.
2. Necessary facts spelt out from instant appeal are that appellants being police constable were posted at Cantt. Station Karachi and were found involved in black marketing the railway tickets at Cantt. Railway Station through one Akhtar Hussain, Reservation Clerk.
3. Learned Counsel for appellant contended that appellants are innocent and have been falsely involved in instant crime due to departmental rivalry; that learned trial Court while passing the impugned judgment has ignored the contradictions made by PWs and also failed to consider the material available on record properly; that appellants have an arguable case on merits; that co-accused Akhtar Hussin has already been granted bail by this Court vide order dated 20.10.2015 in Cr. Bail Application No. 335/2016; that considering the period of the sentence awarded to the appellants also and rule of consistency they may also be enlarged on bail till disposal of instant appeal.
4. While controverting the above submissions, learned Standing Counsel and learned Prosecutor Pakistan Railways have opposed the contention raised by the learned counsel for appellant for his enlargement on bail.
5. Heard argument advanced by learned counsel for the parties and perused the material available on record which emanates that appellants were challaned to face their trial for the offence of selling ticket in black and on the conclusion of trial, they were convicted for the said offence and sentenced to undergo R.I. for three year and fine of Rs.20,000/-, and in case of default in payment of fine, they will further undergo S.I. for 03 months.
6. Indeed, appellants remained on bail during the trial but they did not frustrate the trial by any means nor delayed the proceedings by obtaining unnecessary adjournments nor tempered with the prosecution evidence. The stance taken by the appellants that evidence adduced during the trial by the prosecution to establish the allegations that appellant was involved in sale of Railway tickets in black, is suffering from material contradictions but learned trial Court did not appreciate the glaring improvements made by PWs, which deserves serious consideration for which perusal of entire evidence is essential which is not possible at the moment. Admittedly, appellants have been convicted for the alleged offence and sentenced for R.I. 3 years and such quantum of sentence falls within the ambit of short one. Due to pendency of compact backlog of the cases, there is no probability of early hearing of instant criminal appeal as the matter is fresh one and it will take sufficient time in its final disposal. Admittedly, vide order dated 20.10.2016 passed by this Court, co-accused Akhtar Hussain has already been granted bail, therefore considering the rule of consistency, the appellant also deserve concession of bail.
7. For the foregoing circumstances, instant application stands allowed and the sentence awarded to the appellants vide impugned judgment dated 29.09.2016 is suspended. Consequently, appellants are ordered to be released on post-arrest bail subject to their furnishing solvent surety in the sum of Rs.100,000/- (Rupees one lace only) each and PR bonds in the like amount to the satisfaction of the Nazir of this Court.
The appeal has already been admitted, however, paper book has not yet been prepared. Learned counsel for appellants is directed to pay cost of paper book in compliance of order dated 20.10.2016. Office is directed to prepare paper book and fixe main appeal in the Court for regular hearing on 30.11.2016.
J U D G E
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