ORDER SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT COURT, LARKANA

Criminal Appeal No.S-31 of 2023

(Muhammad Younis Vs. The State)

DATE                         ORDER WITH SIGNATURE OF JUDGE

1. For hearing of M.A.No.1425/2023 (426  Cr.PC).

2. For hearing of main case.

17.04.2023.

Mrs. Reshma Zangejo, Advocate for the appellant.

Mr. Asif Ali Abdul Razzak Soomro, Advocate for complainant Mr. Aitbar Ali Bullo, D.P.G for the State.

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                        The appellant on conclusion of trial has been convicted and sentenced to various terms of imprisonment spreading over five years with fine/Daman; all the sentences were directed to run concurrently with no benefit of Section 382-B Cr.PC, by learned Additional Sessions Judge, Kashmore, vide judgment dated 09.03.2023, which he has impugned before this Court by preferring an appeal; it has been admitted to regular hearing and in the meanwhile he has sought for his release on bail pending disposal of his appeal for the reason that the sentence awarded to him is short one and hearing of his appeal is likely to take some time, which is opposed by learned D.P.G for State and learned counsel for the complainant that hearing of appeal of the appellant would take not time.

                        Heard arguments and perused the record.

                        The aggregate sentence awarded to the appellant being five years is short one; the appellant was enjoying the concession of bail at trial and hearing of his appeal is likely to take time; therefore, the operation of sentence awarded to him while making reference to case of Abdul Hameed Vs. Muhammad Abdullah and others (1999 SCMR-2589), is suspended, consequently, he is directed to be released on bail subject to his furnishing surety in sum of Rs.50,000/- and P.R bond in the like amount to the satisfaction of Additional Registrar of this Court.

                        The listed application M.A.No.1425/2023 is disposed of accordingly. Appeal is adjourned to be fixed before the Court for hearing after preparation of paper book.                                                                                                                                 JUDGE