IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Appeal No. S-61 of 2022

Appellant:                            Muhammad Qasim Golo,

                                           Through Mr. Mr. Abdul Rehman                                            Bhutto, advocate,

Date of hearing:                  24-02-2023

Date of order:                      24-02-2023

O R D E R

Zulfiqar Ali Sangi, J. Through instant application (M.A. No.4679/2022), filed under section 426 Cr.P.C., appellant, namely, Muhammad Qasim Golo, seeks suspension of sentence awarded to him vide judgment 03.11.2022, by the learned Sessions Judge/Gas Utility Court, Jacobabad in Sessions Case No. 456/2019, emanating from Crime No.138/2019, registered at Police Station A-Section Thull, for offence under sections 462-C P.P.C.

2. Repeatedly notices were issued to the complainant but he failed to appear. On the last date of hearing viz. 13.01.2023, following order was passed:-

"Learned counsel for the appellants submits that several notices were issued to the complainant but he is not appearing.

            Repeat notice to the complainant through S.H.O concerned police station. In case, S.H.O failed to serve the notice upon the complainant, he shall appear in person along with explanation.

            It is made clear that in case the complainant or his counsel failed to appear and proceed with the matter, the matter shall be heard and decided on the basis of material available on the record. To come up on 09.02.2023."

3. Today also the complainant is called absent, even no explanation has been furnished by the concerned S.H.O. This court having no alternate to decide this application.

4. Learned counsel for the appellant has mainly contended that the sentence awarded to the appellant by the learned Trial Court is five years, which is short one.  In support of his contentions, he has relied upon the case law reported as Abdul Hameed v/s. Muhammad Abdullah (1999 SCMR 2589), Hammad Versus The State (2020 YLR Note 138) and Muhammad Saleem versus The State (2020 YLR Note 129). He has prayed that appellant be released U/S 426 Cr.P.C for suspending his sentence during the pendency of appeal.

5. I have heard learned counsel for the appellant and have perused the material available on record with his able assistance.  

6. Since the sentence is short one for five years, the appeal has been admitted for regular hearing and definitely it will take time due to pendency of bulk of cases and there is no probability of early hearing of instant appeal, therefore, the sentence awarded to the appellant vide Judgment dated 11.11.2022 is hereby suspended and the appellant is admitted to bail on his furnishing a solvent surety in the sum of Rs.50,000/- (Rupees fifty thousand only) and P. R. Bond in the like amount to the satisfaction of Additional Registrar of this Court.

7. M. A. No. 4678/2022, stands disposed of in the above terms.

8. Main Appeal is adjourned to 09.04.2023.

   J U D G E

Abdul Salam/P.A