ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Cr. Jail Appeal No.S-38 of 2023
Date of Hearing |
ORDER WITH SIGNATURE OF JUDGE |
02.01.2024.
1. For hearing of main case.
2. For hearing of M. A. No.4702/2023 (426, Cr.P.C)
Mr. Habibullah G. Ghouri, advocate for the appellant.
Mr. Aitbar Ali Bullo, D.P.G.
O R D E R.
2. Through the listed application (M.A. No.4702 of 2023) under Section 426, Cr.P.C, appellant Sanaullah alias Sano son of Allah Dewayo Khoso seeks his release on bail by suspension of operation of sentence awarded to him vide impugned judgment dated 02.10.2023, passed by the learned Sessions Judge, Kashmore at Kandhkot, in Sessions Case No.140 of 2023 re-State v. Sanaullah @ Sano Khoso, emanating from Crime No.11 of 2023, registered at Police Station Ghulam Sarwar Sarki, for offence under Section 23(i)(a), 25, Sindh Arms Act, 2013.
Learned Counsel for the appellant submits that the sentence awarded to the appellant is 03 years, which comes within the ambit of short sentence. He submits that the appellant has got a good case for his release on bail during pendency of appeal.
Learned DPG does not oppose the application, for the reason that the sentence awarded to the appellant is short one.
In view of above facts and circumstances as well as following the principle laid down by the Hon’ble Supreme Court of Pakistan in the case of ABDUL HAMEED V. MUHAMMAD ABDULLAH & others (1999 SCMR 2589), the listed application is allowed, the operation of the impugned judgment and sentences awarded to the applicant vide impugned judgment dated 02.10.2023 is suspended pending disposal of the appeal and the appellant is directed to be released on bail subject to his furnishing solvent surety in the sum of Rs.50,000/- (Rupees fifty thousand) and P.R Bond in the like amount to the satisfaction of Additional Registrar of this Court.
2. To come up on 15.02.2024 for hearing of main appeal.
JUDGE
Qazi Tahir PA/*
ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Cr. Jail Appeal No.S-39 of 2023
Date of Hearing |
ORDER WITH SIGNATURE OF JUDGE |
02.01.2024.
1. For hearing of main case.
2. For hearing of M. A. No.4704/2023 (426, Cr.P.C)
Mr. Habibullah G. Ghouri, advocate for the appellant.
Mr. Aitbar Ali Bullo, D.P.G.
O R D E R.
2. Through the listed application (M.A. No.4704 of 2023) under Section 426, Cr.P.C, appellant Sanaullah alias Sano son of Allah Dewayo Khoso seeks his release on bail by suspension of operation of sentence awarded to him vide impugned judgment dated 02.10.2023, passed by the learned Sessions Judge, Kashmore at Kandhkot, in Sessions Case No.159 of 2023 re-State v. Sanaullah @ Sano Khoso, emanating from Crime No.10 of 2023, registered at Police Station Ghulam Sarwar Sarki, for offence under Sections 324, 353, 399, 402, PPC.
Learned Counsel for the appellant submits that the sentence awarded to the appellant is 04 years, which comes within the ambit of short sentence. He submits that the appellant has got a good case for his release on bail during pendency of appeal.
Learned DPG does not oppose the application, for the reason that the sentence awarded to the appellant is short one.
In view of above facts and circumstances as well as following the principle laid down by the Hon’ble Supreme Court of Pakistan in the case of ABDUL HAMEED V. MUHAMMAD ABDULLAH & others (1999 SCMR 2589), the listed application is allowed, the operation of the impugned judgment and sentences awarded to the applicant vide impugned judgment dated 02.10.2023 is suspended pending disposal of the appeal and the appellant is directed to be released on bail subject to his furnishing solvent surety in the sum of Rs.50,000/- (Rupees fifty thousand) and P.R Bond in the like amount to the satisfaction of Additional Registrar of this Court.
2. To come up on 15.02.2024 for hearing of main appeal.
JUDGE
Qazi Tahir PA/*