ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. Appeal No. 308 of 2023

(Yasin vs. the State)

DATE ORDER WITH SIGNATURE OF JUDGE

1. For orders of MA No. 7591 of 2023

2. For orders on M.A.No. 7068 of 2023

27.06.2023

Mr. Altaf Hussain Chang advocate for the appellant

Mr. Abrar Ali Khichi Addl. P.G for the State

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

1. Urgency granted.

2. Appellant Yasin, after due trial was convicted u/s 23(1)(a) of Sindh Arms Act 2013 and sentenced to undergo R.I for 02 years and to pay fine of Rs.1000/- and in default whereof to undergo simple imprisonment for 01 month with benefit of section 382(b) Cr.P.C by learned II-Additional Sessions Judge, Karachi East, vide 27.05.2023, which is impugned by the appellant before this court by preferring the instant appeal. It has been admitted to regular hearing and in the meanwhile, the appellant by way of listed application u/s 426 Cr.P.C has sought for his release on bail pending disposal of his appeal.

It is contended by learned counsel for the appellant that the appellant being innocent has been convicted by learned trial court on the basis of improper assessment of evidence; the sentence awarded to him is short one; hearing of his appeal is likely to take time. By contending so, he sought for the release of the appellant on bail. Learned Addl.PG for the State after waiving the notice has recorded no objection to suspension of the sentence and release of the appellant on bail.

Heard arguments and perused record.

Admittedly, the appellant was enjoying the concession of bail at trial; the sentence awarded to him being 02 years is short one, and hearing of his appeal is likely to take time, therefore, while relying upon the case of Abdul Hameed Vs. Muhammad Abdullah and others (1999 SCMR-2589), the operation of the sentence awarded to the appellant is suspended and he is directed to be released on bail, subject to his furnishing surety in sum of Rs.50,000/- (Rupees Fifty Thousand Only) and PR bond in the like amount to the satisfaction of Nazir of this Court.

Instant listed application is disposed of accordingly.

Adjourned to a date in office for hearing of main appeal.

JUDGE