IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Appeal No.S-78 of 2018

Applicant                :                        Muhammad Khan s/o Sardar Khan Mirani

Through Mr.Muhammad Afzal Jagirani, Advocate

State                          :                       Through Mr.Raja Imtiaz Ali Solangi, A.P.G.

Date of hearing      :                       12.09.2018             

Date of order          :                       12.09.2018                         

O R D E R

IRSHAD ALI SHAH, J.- The facts in brief necessary for disposal of instant application are that the applicant faced trial before learned trial Court for  offence punishable u/s.402,399,324,353,148,149 PPC. He on conclusion of the trial vide judgment dated 30.08.2018 was convicted and sentenced by learned trial Court as under;

“I therefore, convict the accused Muhammad Khan son of Sardar Khan Mirani under section 265-H(ii) Cr.PC and sentenced him under section 324/148 PPC to suffer R.I for one year, under section 353/149 PPC to suffer R.I for six months, under section 402 PPC to suffer R.I for 06 months and under section 399 PPC to suffer R.I for 03 months. Accused shall also pay a fine of Rs.10000/- and in case of default in payment of fine, he shall suffer S.I for two months more”.

2.                    The applicant by way of filing an appeal before this Court has impugned the above said conviction and sentence, his appeal has been admitted to regular hearing and he in the meanwhile by way of instant application u/s.426 Cr.PC has sought for his release on bail by ordering to suspend the operation of conviction and sentence awarded to him by learned trial Court.

3.                    It is contended by learned counsel for the applicant that the conviction and sentence awarded to him have been impugned by him before this Court by way of an appeal which is admitted and its regular is likely to take time. By contending so, he sought for release of the applicant on bail by suspending the operation of the conviction and sentence awarded to the applicant by learned trial Court, as same according to him is short one. In support of his contention, he relied upon case of Abdul Hameed vs. Muhammad Abdullah & Ors (1999 SCMR-2589).

4.                    Learned A.P.G for the State and learned counsel for the complainant have opposed to release of the applicant on bail by contending that he on trial has been found to be guilty of the offence.

5.                    I have considered the above arguments and perused the record.

6.                    Admittedly, the conviction and sentence awarded to the applicant have been impugned by him before this Court by way of filing an appeal, his appeal has been admitted and its hearing is likely to take time. The conviction and sentence is short one, which have been ordered to run concurrently by learned trial Court. In that situation, it would be unjustified to refuse release of the applicant on bail only for the reason that he on trial has been found to be guilty for the offence.

7.                    In view of above, while relying the case law which is referred by learned counsel for the applicant, the operation of conviction and sentence awarded to the applicant is suspended, consequently, he is ordered to be released on bail subject to furnishing surety in the sum of Rs.50,000/- and P.R bond in the like amount to the satisfaction of Additional Registrar of this Court.                   

8.                    The instant application is disposed of accordingly.

                                                                                             J U D G E

-