ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl. Revision Appln.No.S-09 of 2022.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For orders on office objection “A”.

02. For orders on M.A.No.554/2022 (426 Cr.PC)

03. For hearing of main case.

03.03.2022

                        Mr. Asif Ali Abdul Razzak Soomro, Advocate for applicants.

                        Mr. Abid Hussain Kalhoro, Advocate for the complainant.

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

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            It is alleged that the applicants by committing trespass into shop of complainant Moula Bux, committed theft there-from and on conclusion of trial, were found guilty for the said offence and convicted with aggregate sentence of two years and six months including fine, with benefit of Section 382-B Cr.PC, by learned 2^nd Judicial Magistrate/MTMC, Mehar, vide judgment dated 01.10.2021, which was impugned by them by preferring an appeal, it was dismissed by learned 1^st Additional Sessions Judge, Dadu, vide judgment dated 29.01.2022, which is impugned by them before this Court by preferring the instant criminal revision application, and in the meanwhile, they have sought for suspension of sentence and their release on bail, mainly for the reasons that the aggregate sentence awarded to them is short one; they were enjoying concession of bail at trial; they are in custody since five months, have also earned remission of one month and hearing of their revision application is likely to take time, which is opposed by learned counsel for the complainant by contending that the case against the applicants is proved; therefore they could not ask for their release on bail. However, learned Addl.P.G for the State has recorded no objection to release of the applicants on bail pending disposal of his revision application.

                        In view of above, while relying upon case of Abdul Hameed Vs. Muhammad Abdullah and others (1999 SCMR-2589), the sentence awarded to the applicants 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.

                        Listed application (M.A.No.554/2022) is disposed of accordingly.

                        Adjourned to date in office for hearing of revision application.

                                                                                          JUDGE