ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Criminal Appeal No.S-48 of 2023
(Khalid @ Khalid Mehmood Vs. The State)
DATE ORDER WITH SIGNATURE OF JUDGE
1. For hearing of M.A.No.2356/2023 (426 Cr.PC).
2. For hearing of main case.
01.06.2023.
Mr. Azhar Hussain Abbasi, Advocate for the appellants.
Mr. Shafi Muhammad Mahar, D.P.G for the State.
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On conclusion of trial, the appellants were convicted U/.395, 149 and 337-Y(2) PPC and sentenced to various terms of imprisonment spreading over five years; all the sentences were directed to run concurrently with benefit of Section 382-B Cr.PC, by learned 3rd Additional Sessions Judge, Shikarpur, vide judgment dated 17.05.2023, which they have impugned before this Court by preferring an appeal; it has been admitted to regular hearing and in the meanwhile they have sought for their release on bail by suspending the operation of their sentence.
It is contended by learned counsel for the appellants that the aggregate sentence awarded to the appellants being five years is short one; they were enjoying the concession of bail at trial and hearing of their appeal is likely to take time, therefore, they are entitled to be released on bail pending disposal of their appeal, which is not opposed by learned D.P.G for the State.
Heard arguments and perused the record.
In view of above, while relying upon case of Abdul Hameed Vs. Muhammad Abdullah and others (1999 SCMR-2589), the operation of the sentence awarded to the appellants is suspended; consequently, they are directed to be released on bail subject to their furnishing surety in sum of Rs.50,000/- each and P.R bond in the like amount to the satisfaction of Additional Registrar of this Court.
Listed application (M.A.No. 2356/2023) is disposed of accordingly.
The appeal to be fixed before the Court after preparation of paper book.
JUDGE