ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P No. D-1486 of 2016

Date	Order with signature of Judge

For Katcha Peshi.

03-06-2016

Mr. Zulifqar Ali Sangi advocate for the petitioners a/w Mr. Khan Muhammad Sangi advocate.

Mr. Nisar Ahmed Bhanbhro, advocate for respondent No.2.

Mr. Abdul Rehman Kolachi, learned A.P.G for the State.

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

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in Crime No. 19 of 2013, which was registered at P.S Tando Masti Khan at the instance of complainant party as counter blast to an F.I.R No. 165/2012 of P.S Tando Masti Khan by the petitioners party against the complainant. Per learned counsel, the instant F.I.R No. 19/2013 was registered after considerable delay of about three months, whereas per learned counsel, the complainant party has already been acquitted in the aforesaid F.I.R by the judgment of this court dated 14.07.2015 in Criminal Appeal No. D-37/2015, however, the appeal of the petitioners bearing Cr. Appeal No. 35/2016 is pending before this court and there is no possibility that aforesaid appeal will be heard at an earlier date keeping in view of pendency of the large number of cases at High Court at Sukkur Bench. Per learned counsel, the parties have patched up the matter and there is likelihood that they will enter into the settlement, whereas affidavits of no objection have also been filed by the complainant party upon the release of the petitioners by suspending the sentence during pendency of the appeal. It has been further contended by the learned counsel for the petitioners that though they have good prima facie case for their acquittal in accordance with law, however, keeping in view the large number of cases, the petitioners can be released on bail in instant petition by suspending their sentence during pendency of the aforesaid criminal appeal.

2. Learned counsel for the complainant does not controvert such position and concedes for the grant of bail during pendency of the appeal.

3. Learned A.P.G in view of possibility of settlement between the parties and affidavit of no objection has been given by the complainant, does not oppose such request. Accordingly instant petition is allowed. The petitioners are granted bail in the sum of Rs.50,000/- each and P.R bond in the like amount to the satisfaction of the Incharge Additional Registrar of this Court. The petitioners are directed to be released on bail subject to furnishing surety by suspending their sentence during pendency of Cr. Appeal No. 35/2016.

4. Petition stands disposed of. Office is directed to fix Cr. Appeal No. D-35/2016 after summer vacation.

Judge

Judge

Abdul Salam/P.A