ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. Appeal No. 396 of 2021

( Rasool Bukhsh vs. the State)

DATE ORDER WITH SIGNATURE OF JUDGE

1. For hearing of case

2. For hearing of MA No.7947/2021

28.11.2022

Mrs. Nayyer Sabir Haider advocate for appellant

Mr. Faheem Hussain Panhwar, D. P.G

Complainant present in person

-.-.-.-.-.-.-

It is alleged that the appellant while driving a vehicle in rash and negligent manner hit to motorcycle whereby Yas’ssa lost his life and P.W Niaz Ahmed sustained injuries, besides damage to their motorcycle, for that the present case was registered. On conclusion of trial, the appellant was convicted under Section 320 PPC and sentenced to undergo rigorous imprisonment for 10 years and to pay Diyat as notified by the Government to the legal heirs of the said deceased with benefit of section 382(b) Cr.P.C, by learned IV-Additional Sessions Judge, Karachi East vide judgment dated 10.07.2021, which is impugned by the appellant before this Court by preferring an appeal and in the meanwhile, by way of listed application under section 426 Cr.P.C has sought for suspension of sentence and his release on bail for the reason that he at trial was on bail, he has already undergone round about 05 years of the sentence; offence for which he is convicted is bailable and hearing of his appeal is likely to take time, which is not opposed by learned DPG for the state and the complainant in person by stating that he has already been pardoned by him.

In view of above, while relying upon case of Makhdoom Javed Hashmi vs. The State (2007 SCMR 1844), the operation of the sentence awarded to the appellant is suspended, consequently, he is directed to be released on bail subject to his furnishing surety in the sum of Rs.100,000/- (Rupees One Lac) and P.R bond in the like amount to the satisfaction of Nazir of this Court.

The listed application (M.A.No.7947/2021) is disposed of accordingly.

Adjourned to 11.01.2023 for haring of main appeal.

JUDGE