ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P. No. D-994 of 2017

Cr. Appeal No. D-56 of 2016

 

Date	Order with signature of Judge

 

1.       For order on office objection.

2.       For Katcha Peshi.

 

18-05-2017

 

Mr. Shafique Ahmad Khan, advocate for the petitioner in C.P. No. D-994/2017 and for the appellant in Cr. Appeal No. D-56 of 2016.

Mr. Ubedullah Abro, learned Special Prosecutor NAB (Sukkur).

Mr. Nisar Ahmed G. Abro, D.A.G.

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

Petitioner has already filed Criminal Accountability Appeal No. D-56 of 2016 on 07.03.2016, same was admitted on 29.03.2016. Learned counsel for the petitioner in C.P. No. D-994/2017 contends that appellant has been sentenced to undergo R.I for five years and to pay fine of Rs.28,24,976- and in case he fails to pay fine, it shall be recoverable as arrears of land revenue. Learned counsel further submits that due to huge backlog of the pendency of the appeals in this bench, there is likelihood of delay in deciding the appeal filed by the petitioner/appellant, he therefore, urged that petitioner is ready to furnish surety equivalent to the amount of fine of Rs.28,24,976/-. Learned counsel for the petitioner has placed his reliance upon the reported case of Ch. Muhammad Aslam Jamil Vs. The State and another (2006 P.Cr.L.J 1859).

Learned Special Prosecutor NAB (Sukkur) opposed the suspension of the sentence awarded to the petitioner/appellant.

Though the learned Special Prosecutor NAB (Sukkur) raised objection for the suspension of the sentence to the petitioner, we called the jail roll from the jail authorities, which shows that the petitioner has already served out the sentence of one year, two months and four days period on 03.05.2017.

In view of above circumstances, the sentence awarded to the petitioner/appellant is hereby suspended till decision of Cr. Appeal No.D-56/2016 on furnishing solvent surety in the sum of Rupees Three Million only with P.R bond in the like amount to the satisfaction of the Additional Registrar of this court. The petitioner is further directed to deliver his original passport with the Additional Registrar of this court, which shall remain by the office of this court till further orders and Ministry of Interior. Government of Pakistan is directed not to any fresh passport to the petitioner without permission of this court and the name of the petitioner should be placed in Exit Control List.

Instant petition bearing C.P. No. D-994/2017 is hereby disposed of. Office is directed to fix Cr. Appeal No. D-56/2016 on 19.06.2017.

                                                                                                     Judge

                                                       Judge

Abdul Salam/P.A