ORDER SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT COURT, LARKANA

Criminal Appeal No.S-51 of 2021

DATE                                    ORDER WITH SIGNATURE OF JUDGE

1. For orders on office objection “A”

2. For orders on M.A.No.4572/2021 (426 Cr.PC).

3. For hearing of main case.

08.11.2021.

Mr. Habibullah Ghouri, Advocate for the appellants.

Mr. Fazal Muhammad Jakhrani, Advocate for the complainant.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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            The appellants after due trial have been convicted and sentenced under section 3 (2) of Illegal Dispossession Act, 2005, to undergo imprisonment for three years with fine with restoration of possession of land in their illegal occupation, by learned 1^st Additional Sessions Judge, Kandhkot, vide judgment dated 24.08.2021, which is impugned by the appellants by preferring an appeal, which has been admitted to regular hearing and in the meanwhile, they have sought for suspension of their sentence and their release on bail, mainly for the reason that the sentence awarded to them is short one; hearing of appeal is likely to take time and they were enjoying the concession of bail at trial, which is not opposed by learned Addl.P.G for the State.

            Learned counsel for the complainant however has opposed release of the appellants on bail by contending that the hearing of appeal of the apellants may not take time.

            Heard and perused the record.

            It is a direct complaint case, the setennce is short one, therfeore, while relying upon case of Abdul Hameed Vs. Muhammad Abdullah and others (1999 SCMR 2589), the sentence to the appellants is suspended, consequently, they are admitted to bail subject to their furnishing surety in sum of Rs.50,000/- each and P.R bond in the like amount to the satisfaction of Additional Registrar of this Court.

                        The listed application M.A. No.4572/2021 is disposed of accordingly. The Criminal Appeal is adjourned to 02.12.2021.                                                                                                                                                  JUDGE