ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. J. Appeal No. 656 of 2022

(Shakoor Ahmed vs. The State)

DATE ORDER WITH SIGNATURE OF JUDGE

1. For orders on M.A.No. 13705/2022

2. For hearing of case

3. For hearing of MA No. 13707/2022

20.12.2022

Mr. Abdul Irfan advocate for appellant

Mr. Faheem Hussain Panhwar, Deputy Prosecutor General Sindh

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

On conclusion of trial, the applicant together with rest of the culprit was convicted under section 395 PPC and was sentenced to undergo rigorous imprisonment for 04 years with fine of Rs.2000/- each and in default whereof to undergo simple imprisonment for 15 year with benefit of section 382(b) Cr.P.C by learned IX-Additional Sessions Judge, Karachi South vide judgment dated 17.05.2020, which is impugned by the applicant before this Court by preferring an appeal and in the meanwhile, by way of listed application under Section 426 Cr.P.C, he has sought for his release on bail by suspending the operation of sentence for the reason that he with remission has already undergone major portion of the sentence, which opposed by learned DPG for the state by contending that the applicant is having the criminal record.

Heard arguments and perused the record.

The applicant 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.50,000/- (Rupees Fifty Thousand Only) and P.R bond in the like amount to the satisfaction of Nazir of this Court.

The listed application (M.A.No.13707/2022) is disposed of accordingly.

Adjourned to 26.01.2023 for haring of main appeal.

JUDGE