ORDER SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT COURT, LARKANA

Criminal Appeal No.S-72 of 2020

DATE                          ORDER WITH SIGNATURE OF JUDGE

1. For orders on office objection “A”

2. For orders on M.A.No.5344/2020 (426 Cr.PC).

3. For hearing of main case.

08.11.2021.

Mr. Habibullah Ghouri, Advocate for the appellants.

Mr. Ghulam Rasool Narejo, 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 to various terms of imprisonment spreading over four years with fine etc; by learned Additional Sessions Judge, Ratodero, vide judgment dated 03.12.2020, 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 a revision application for enhancement of their sentence is pending decision before this Court.    

            Heard and perused the record.

            Simple pendency of revision application for enhancement of sentence could not be made a reason to deny release of the appellants on bail by suspending their sentence, which is short one, therefore, while relying upon case of Abdul Hameed Vs. Muhammad Abdullah & others (1999 SCMR 2589), the sentence awarded 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.5344/2020 is disposed of accordingly.        The criminal Appeal adjourned to 23.12.2021.

                    JUDGE