IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Criminal Appeal No.S-35 of 2021

Appellants: Muhammad Ramzan and others

through Mr. Abdul Kareem G Luhrani,

Advocate

Complainant: Din Muhammad

through Mr. Abdul Qadir Shaikh,

Advocate

State: Through Syed Sardar Ali Shah Rizvi,

DPG

Date of hearing: 23.08.2021

Dated of order: 23.08.2021

O R D E R

Zulfiqar Ali Sangi, J: Through instant application u/s 426 Cr.P.C, (M.A.No.2575/2021), appellants Muhammad Ramzan, Muhammad Nawaz and Muhammad Ali seek suspension of conviction and sentence during pendency of appeal, awarded to them by learned Additional Sessions Judge-II, Naushahro Feroze, vide judgment dated 08.05.2021, in Sessions Case No.15/2016, whereby the appellants have been convicted for offence u/s 3 (1) (2) of Illegal Dispossession Act, 2005 and sentenced to suffer R.I for seven years and to pay fine of Rs.30,000/- each and in default thereof to further undergo S.I for two months. They were also directed to pay compensation of Rs.100,000/- each to the complainant in terms of section 544-A Cr.P.C and in default to suffer S.I for six months more. They prayed that the conviction and sentence awarded to them be suspended and they be released on bail till decision of this appeal.

2. Learned counsel for the appellants has contended that the conviction and sentence awarded to the appellants is short one and offence for which the appellants were convicted and sentenced, is non-cognizable and bailable offence. He next contended that there was civil dispute between the parties but this aspect of the case has not been considered by the learned trial court. He further contended that the appellants were on bail before the trial court and never misused the concession of bail. Lastly, he contended that the appeal filed by the appellants has already been admitted for regular hearing and it will take considerable time for its final decision, therefore, suspending the conviction and sentence, the appellants be enlarged on bail till decision of the main appeal. He placed reliance on the cases of Ahmed Din alias Ahmad Yar v. The State (2012 YLR 928), Riaz v. The State (2020 YLR 1080), Shah Hussain v. The State (PLD 1995 Karachi 209) and Liaquat Khan v. The State (2012 YLR 2779).

3. On the other hand, learned Counsel for the complainant and DPG for the state have opposed the suspension of sentence and admission of appellants on bail during pendency of appeal contending that the seven years punishment has been awarded to the appellants, which is not short one and they are ready to proceed with the main appeal. They further contended that the prosecution witnesses have fully supported the case of the complainant. Lastly they contended that the appellants are not entitled for any relief.

4. Heard learned counsel for the parties and perused the material available on record with their able assistance.

5. Admittedly the appellants were convicted for seven years and as per section 4(2) of the Illegal Dispossession Act 2005, the offence for which the appellants are convicted is non-cognizable and bailable offence. Further, the appeal against the conviction and sentence has already been admitted for regular hearing and due to heavy backlog of cases pending before this court, this appeal will definitely take some considerable time for its disposal. Resultantly, this application is allowed and the conviction and sentence awarded to appellants vide judgment dated 08.5.2021, passed by Additional Sessions Judge-II, Naushehro Feroze, is hereby suspended till disposal of this appeal. The appellants be released on bail subject to their furnishing solvent surety in the sum of Rs.100,000/(rupees one lac) each and P.R bond in the like amount to the satisfaction of Additional Registrar of this Court.

The main appeal is adjourned to 20.09.2021.

JUDGE

Suleman Khan/PA