ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Revn. Appln. No.S-41    of   2023

Date of

Hearing

 

ORDER WITH SIGNATURE OF JUDGE

17.07.2023.

1. For hearing of M. A. No.3078/23(426, Cr.P.C).

3. For hearing of main case.

 

Mr. Mohammad Afzal Jagirani, advocate for the applicants.

Mr. Ali Anwar Kandhro, Addl. P.G.

 

O R D E R

1.      Through the listed application (M.A. No.3078 of 2023) under Section 426, Cr.P.C, applicants Hussain Ali, Ali Asghar, both sons of Gul Hassan Chandio, and Khadim Hussain son of Bashir Ahmed alias Ghulam, seek their release on bail by suspension of the sentence of one year imprisonment and fine awarded to them by the learned Assistant Sessions Judge-I, Mehar vide judgment dated 03.05.2023 in Sessions Case No.221/2021 re-State v. Khadim Hussain & others, emanating from Crime No.104/2021, registered at Police Station Mehar, for offence under Sections 324, 337-A(i), 337-F(i), 337-F(vi), 337-H(2), 337-L(ii), 506/2, 148, 149, 504, PPC, which was maintained by the learned 1st Additional Sessions Judge, Mehar vide judgment dated 31.5.2023 passed in Cr. Appeals Nos.11, 12 and 13 of 2023.

 

          The learned advocate for the applicants has mainly contended that the applicants are innocent and they has been falsely implicated in the subject case by the complainant due to enmity; that the sentence of one year awarded to the applicants is short sentence; and, that the applicants are neither previous convict nor involved in any other criminal case. Placing his reliance on the case of Abdul Hameed v. Muhammad Abdullah and others (1999 SCMR 2589), learned Counsel prays that the applicants may be released on bail.

 

          The learned Addl. P.G. has frankly conceded to the grant of instant application, contending that the sentence of one year being a short sentence is a valid ground for release of a convict on bail. 

 

          Due to the heavy backlog of the cases, preparation of paper book will take sufficient time, therefore, final decision of this criminal revision application is not possible in near future.  In such view of the matter, I do not find any valid reason to decline the prayer of the applicants for their release on bail. Accordingly, the instant application is allowed and operation of the sentence awarded to the applicants vide impugned judgment dated 03.5.2023 and maintained by the learned appellate Court vide judgment dated 31.5.2023(supra) is suspended pending disposal of this revision application. Applicants Hussain Ali, Ali Asghar, both sons of Gul Hassan Chandio, and Khadim Hussain son of Bashir Ahmed alias Ghulam, are directed to be released on bail subject to their furnishing solvent surety in the sum of Rs.50,000/- (Rupees Fifty thousand) each and P.R bonds in the like amount to the satisfaction of Additional Registrar of this Court. The listed application is disposed of.

 

2.                Hearing of appeal is adjourned to 17.08.2023.     

 

                  

                                                                                           JUDGE

 

 

 

 

 

 

Qazi Tahir PA/*