ORDER SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal.No.S-36 of 2024.

(Manthar @ Mastro Bangulani Vs. The State)

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DATE                                      ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For the hearing of the main case.

02. For hearing of M.A.No.2669/2024  (Appl. u/s.426 Cr.PC)

18.07.2024

                        Mr. Imdad Ali Tunio, Advocate for the appellant.

                        Mr. Aitbar Ali Bullo, Deputy Prosecutor General for the State.

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            On completion of the trial, the appellant for having an unlicensed T.T. pistol with a magazine containing three live bullets of the same bore, was convicted u/s.25 of Sindh Arms Act, 2013, and sentenced to undergo rigorous imprisonment for 05 years and to pay a fine of Rs.5,000/- and in default in payment whereof, to undergo simple imprisonment for three months with the benefit of Section 382-B Cr.PC, by learned Additional Sessions  Judge, Thull, vide judgment dated 30.05.2024, which he has impugned before this Court by preferring an appeal and in the meanwhile, by way of listed application has sought his release on bail pending disposal of his appeal by suspending the operation of the impugned sentence being short one, which is not opposed by learned D.P.G for the State.

            Heard arguments and perused the record.

            The appellant it is said has already been acquitted in a main murder case by the learned trial Court; he was enjoying the concession of bail at trial and the sentence awarded to him being five years is short one, therefore, while relying upon the 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 the 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.2669/2024 is disposed of accordingly. Adjourned to be fixed after four weeks for hearing of the main appeal.  

JUDGE