ORDER SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT COURT, LARKANA

Criminal Appeal No.S-20  of 2024

DATE                          ORDER WITH SIGNATURE OF JUDGE

1. For hearing of main case.

2. For orders on M.A.No.1370/2024 (426  Cr.PC).

11.07.2024.

Mr. Arif Ali Kalhoro, Advocate for the appellant.

Mr. Aziz Rehman Shaikh, Advocate for the complainant.

Mr. Shewak Rathore, D.P.G for the State.

                                                =.=.=.=.=.=               

            On completion of trial, the appellant was convicted under section 376 r/w Section 511 PPC and sentenced to undergo rigorous imprisonment for two years with fine of rupees One Lac and in default in payment whereof, to undergo simple imprisonment for six months, with benefit of Section 382-B Cr.PC, by learned 4^th Additional Sessions Judge, Larkana, vide judgment dated 30.03.2024, which he has impugned before this Court by preferring an appeal; it has been admitted to regular hearing and in the meanwhile, by way of listed application, he has sought his release on bail by suspending the operation of the impugned sentence.

            It is contended by learned counsel for the appellant that the sentence awarded to the appellant is short one and hearing of his appeal is likely to take time, therefore, he is entitled to be released on bail by suspending the operation of the impugned sentence.

            Learned D.P.G for the State did not oppose the release of the appellant on bail, however, learned counsel for the complainant by opposing the release of the appellant on bail contended that a revision application for enhancement of his sentence is going to be filed.

            Heard arguments and perused the record.

            The sentence awarded to the appellant being two years is short one; the appellant was enjoying the concession of bail at trial and hearing of his appeal is likely to take time because of heavy pendency, in such situation, he could not be denied concession of bail by suspending the operation of impugned sentence under the deception that the complainant party is going to file a revision application for enhancement of his sentence.

            In view of above, while relying upon case of Abdul Hameed Vs. Muhammad Abdullah and others (1999 SCMR 2589), the operation of the impugned sentence is suspended, consequently, the appellant 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.1370/2024 is disposed of accordingly. Adjourned to be fixed to four weeks for hearing of the main appeal.                                                                                                                                           

    JUDGE