ORDER SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal.No.S-27 of 2024.

(Waliullah Shah Vs. Muhammad Usman & another)

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For orders on M.A.No.4148/2024 (345(5) Cr.PC).

02. F or orders on M.A.No.4149/2024 (345(6) Cr.PC).

03. For the hearing of the main case.

04. For hearing of M.A.No.1941/2024  (Appl. u/s.426 Cr.PC)

19.07.2024

                        Mr. Habibullah Ghouri, Advocate for the appellant.

                        Complainant Muhammad Usman in person.

Mr. Aitbar Ali Bullo, DPG for the State.

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            On completion of the trial, the appellant was convicted u/s.3 of Illegal of Dispossession Act, 2005, and sentenced to undergo rigorous imprisonment for 05 years and to pay a fine of Rs.50000/- and in default in payment whereof, to undergo simple imprisonment for three months, besides he was also imposed Rs.100,000/- as compensation payable to the complainant, by learned 3^rd Additional Sessions  Judge, Shikarpur, vide judgment dated 04.05.2024, 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 and the complainant in person who has also filed his affidavit to such effect.

            Heard arguments and perused the record.

            It is the direct complaint case, wherein the appellant was enjoying the concession of bail at trial; the sentence awarded to him being five years is short one and hearing of his appeal is likely to take time on account of heavy pendency, therefore, while relying upon the case of Abdul Hameed Vs. Muhammad Abdullah & Ors (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.30,000/- and P.R bond in the like amount to the satisfaction of Additional Registrar of this Court.

            The listed application M.A.No.1941/2024 is disposed of accordingly. Adjourned to be fixed after four weeks for hearing of the main appeal.      

JUDGE