ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P. No. D-5310 of 2016

Cr. Jail Appeal No. 212 of 2016

 

Date	Order with signature of Judge

 

For Katcha Peshi.

22-05-2017

 

M/s Ali Raza Baloach and Mehfooz Ahmad Awan, advocates for the petitioner in C.P. No. D-5310/2016.

Mr. Saleem Akhtar, Additional Prosecutor General.

Mr. Shahariyar Imdad Awan, learned A.A.G.  

.-.-.-.-.-.-.-.-.-.-.-.-.

This petition has been filed by the petitioner Babar Ali for the suspension of sentence awarded to him. Learned counsel for the petitioner contends that the petitioner is convicted and sentence in Special Cases No. 10/2015 and 11/2015 as under:-

1)       R.I for one year and to pay fine of Rs.1000/- and in case of default in payment of fine, he shall suffer S.I for 15 days more.

2)       R.I for five years and to pay fine of Rs.5,000/- and in case of default in payment of fine, he shall suffer S.I for one month more.

3)       R.I for three years and to pay fine of Rs.2000/- and in case of default in payment of fine, he shall suffer S.I for one month more.

4)       R.I for three years and to pay fine of Rs.5000/- as 'Daman' and in case of default in payment of fine daman, he shall suffer S.I for one month more.

Fresh jail roll was called. As per jail roll submitted by the Superintendent Central Prison Sukkur, the petitioner/appellant has already served the sentence of two years, four months and seven days upto 22.05.2017 excluding the remission.

Learned Additional Prosecutor General and learned A.A.G. have opposed the suspense of the sentence but as the sentence is shor one and the petitioner has already served out merely half portion of the sentence and due to backlog of the huge pending appeals, there is likelihood of delay in deciding the main appeal.

Consequently, the sentence awarded to the petitioner/appellant is hereby suspended till decision of Cr. Jail Appeal No.D-212/2016 on his furnishing a solvent surety in the sum of Rs.50,000/- with P.R bond in the like amount to the satisfaction of the Additional Registrar of this court.

Instant petition bearing C.P. No. D-5310/2016 is hereby disposed of and Cr. Appeal No.D-212/2016 is adjourned to 14.06.2017.

 

                                                                                                Judge

                                                               Judge

Abdul Salam/P.A