ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. Appeal No. 640 of 2022

(Ahmedullah vs. the State)

DATE ORDER WITH SIGNATURE OF JUDGE

1. For hearing of case

2. For hearing of MA No. 13232/2022

07.12.2022

Ms. Zainab Bibi advocate for appellant

Malik Sadaqat Hussain Additional Attorney General

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

The applicant has been convicted under section 15 of Gas Theft Control & Recovery Act, 2016 and sentenced to undergo rigorous imprisonment for 05 years with fine of Rupees One Million and in default whereof to undergo simple imprisonment for 01 year with benefit of section 382(b) Cr.P.C by learned Sessions Judge, Karachi West vide judgment dated 29.10.2020, which is impugned by the appellant before this Court by preferring an appeal and in the meanwhile, by way of listed application, he has sought for his release on bail by suspending the operation of sentence.

It is contended by learned counsel for the applicant that the sentence awarded to the applicant is short one and more so he has already gone major portion of his sentence and hearing of his appeal is likely to take time, therefore, he is entitled to be released on bail by suspending the operation of the sentence awarded to him.

Learned Assistant Attorney General has opposed to release of the applicant on bail by contending that he has committed the offence against state.

Heard arguments and perused the record.

The applicant has already undergone 01 year, 00 months and 13 days of substantial sentence and beside this, has also earned remission of 02 years, 06 months and 09 days, in that way, he has already undergone major portion of his sentence, which even otherwise is short one, hearing of his appeal likely to take time, therefore, while relying upon case of Makhdoom Javed Hashmi vs. The State (2007 SCMR 1844), the operation of the sentence awarded to the applicant is suspended, consequently, he is directed to be released on bail subject to his furnishing surety in 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.13232/2022) is disposed of accordingly.

Adjourned to 22.12.2022 for haring of main appeal.

JUDGE