ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
Criminal Appeal No.307 of 2009
Date Order with signature of the Judge
1. For order on MA No.360/10.
2. For Katcha Peshi.
3. For hearing of MA No.5019/09.
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Mr. Ghulam Nabi Shaikh, Advocate for Appellant.
Mr. Muhammad Iqbal Awan, Assistant Prosecutor General, Sindh.
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1. Granted.
2. This being statutory appeal admitted to regular hearing. Record and Proceedings have already been summoned, therefore, the requirement of paper book at joint request is dispensed with. The prosecutor is already on notice, therefore, notice is also dispensed with.
3. Through this application the appellant, who has been convicted by IV-Additional Sessions Judge, Karachi East in Criminal Complaint No.9/2009 for the offence under sections 3 & 4 of the Illegal Dispossession Act and sentenced to suffer R.I. for eight-years and fine of Rs.10,000/-, has sought suspension of sentence and has prayed for his release on bail.
Learned counsel for the appellant has contended that since the offence under sections 3 & 4 of the Illegal Dispossessions Act is a bailable offence, therefore, in view of the dictum laid down by this Court in the cases of Shah Hussain vs. The State (PLD 1995 Karachi 209) and Hata and others vs. The State (PLD 1967 Lahore 1302). The appellant during pendency of this appeal is entitled to be released on bail.
In view of this position learned APG does not oppose the suspension of sentence and the release of appellant on bail.
Sub-section (2) of section 4 of the Illegal Dispossession Act lays down that the offence under the Act is non-cognizable. Since the appellant/accused has been convicted for an offence which was not cognizable and of-course bailable, therefore, in view of the dictum laid down by the Apex Court in the case of Mr.Fazlul Quader Chowdhry vs. Mr. Muhammad Abdul Haque (PLD 1963 Supreme Court 486) as well as by this Court in the case of Shah Hussain (supra) and Lahore High Court in the case of Hata (supra) the applicant is entitled to the concession as prayed for.
In the circumstances of the case, I admit the appellant to bail upon furnishing solvent surety in the sum of Rs.500,000/- (Rupees Five Lac) with P.R. bond in the like amount to the satisfaction of the Nazir of this Court.
JUDGE