ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

Cr. Appeal No.D-146 of 2007

DATE         ORDER WITH SIGNATURE OF JUDGE

1. FOR ORDER ON MA NO.1248/2010.

2. FOR HEARING OF MA 3292/09

21.04.2010.

Mr. Shoukat Ali Pathan Advocate for the Appellant.

Mr. Muhammad Iqbal Kalhoro Additional Prosecutor General Sindh.

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1.      Granted.

2.               It is contended that in consequent to order dated 26.09.2007, whereby the sentence of appellant was suspended, the Applicant has deposited surety in the sum of Rs.50,000/-. However the appellant could not be released as he was required in other case crime No.16/2005 wherein he was sentenced to suffer life imprisonment. Letter from the Superintendent Jail dated 11.01.2010 has been placed on record which reflects that in the instant appeal, the Appellant Sattar Khan has undergone full sentence and was released in this case but was detained in crime No.16/2005 wherein he was awarded life imprisonment. In view of this position, Additional Advocate General Sindh has no objection for release of surety which was deposited in consequent to order dated 26.09.2007 as the Appellant in fact never came out from the Jail and the sentence in the instant appeal has already been completed. In the circumstances, the application is allowed. Office is directed to return the surety papers upon proper verification and identification.

3.               At the joint request, the regular hearing of this appeal has been taken up. Counsel for the Appellant says that since the appellant has already undergone the sentence awarded by the trial Court, therefore, under the instructions, he does not press this appeal, which may be dismissed as not pressed. Order accordingly.

                                                                                                JUDGE

                                                                        JUDGE

A.K.