IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Appeal No.S-71 of 2018

Applicants                :                      1). Usman son of Tharo,

2). Altaf son of Usman,

3). Nadir son of Usman,

4). Shahid son of Usman,

5). Riaz son of Usman,

6). Akhtiar son of Usman,                       

 All by caste Lakhair through

Mr. Akram Kamboh, Advocate

State                          :                       Through Mr.Sharafuddin Kanhar, A.P.G.

                                                            Complainant Abdul Rehman in person

Date of hearing      :                       26.09.2018             

Date of order          :                       26.09.2018                         

O R D E R

IRSHAD ALI SHAH, J.- The facts in brief necessary for disposal of instant application are that the applicants faced trial before learned trial Court for  offence punishable u/s.397,337-A(ii), 337-F(iii), 337-F(v),337-L(ii),337-H(ii),147,148,149 PPC. He on conclusion of the trial vide judgment dated 15.08.2018 was convicted and sentenced by learned trial Court as under;

1)  For offence u/s.397 all accused are sentenced to R.I for 07 years each with fine Rs.10,000/- to each. In default in payment of fine amount, each accused shall further undergo S.I for 03 months.

2) For offence u/s 337-A(i) PPC each accused is convicted and sentenced to R.I for 01 year as Tazir.

3) For offence u/s.337-A(ii) PPC each accused is convicted and sentenced to R.I for 03 years as Tazir and each accused shall be liable to pay Arsh that is 5% of Diyat amount to each injured.

4) For offence u/s.337-F(iii) PPC each accused is convicted and sentenced to R.I for 02 years as Tazir and each accused shall be liable to pay Daman Rs.5000/- to each injured.

5) For offence u/s.337-F(v) PPC each accused is convicted and sentenced to R.I for 03 year as Tazir and each accused shall pay Rs.5000/- as Daman to each injured.

6) For offence u/s.337-L(ii) PPC each accused shall pay Rs.3000/- as Daman to each injured.

7) For offence u/s.337-H(ii) PPC accused are convicted and sentenced to fine of Rs.3000/- on each accused. In case of failure to pay fine each accused shall further undergo S.I for one month.

All the sentences shall run concurrently”

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

3.                    It is contended by learned counsel for the applicants that the conviction and sentence awarded to the applicants have been impugned by them before this Court by way of an appeal which is admitted, its regular hearing is likely to take time and both the parties according to him have settled their dispute outside of the Court. By contending so, he sought for release of the applicants on bail by suspending the operation of the conviction and sentence awarded to them by learned trial Court. In support of          his contention, he relied upon cases of Muhammad Afzal vs. the State (2005 PCr.LJ-74) [Federal Shariat Court], 2). Fateh Muhammad vs. the State ( 2005 YLR-110), 3). Ali Jan vs. the State (1999 PCr.LJ-254), 4). Naimat Ali vs. the State (2012 YLR-2554).

4.                    Learned A.P.G for the State who is assisted by the complainant did not raise any objection to suspension of the conviction and sentence recorded against the applicants.

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

6.                    The appeal filed by the applicants has been admitted and its hearing is likely to take time. The applicants were on bail, when they were convicted and sentenced for the above said offence. The complainant and the applicants now have settled their dispute outside of the Court. The learned A.P.G who was assisted by complainant Abdul Rehman has not raised objection to grant of bail to the applicants.

7.                    In view of above, while relying the case law which is referred by learned counsel for the applicants, the operation of conviction and sentence awarded to the applicant is suspended, consequently, they are ordered to be released on bail subject to furnishing surety in the sum of Rs.50,000/- each 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