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2010 P Cr. L J 700

JAWWAD ALI vs THE STATE

Citation2010 P Cr. L J 700
CourtSindh High Court
Case No.Criminal Miscellaneous No,628 of 2010 Criminal Jail Appeal No,305 of 2009
Date2010-02-15
Judge(s)Aqeel Ahmed Abbasi
ResultSentence suspended

ORDER

1. ' AQEEL AHMED ABBASI, J.--- This criminal jail appeal has been filed against the impugned order dated 2-10-2009 by the Vth Additional District Judge, Karachi East, in Sessions Case No,4/8. Today, the learned counsel for appellant through his application (M.A. No,628 of 2010) under section 426, Cr.P.C. Has requested for suspension of sentence till final disposal of the instant appeal. On the last date i,e, 8-2-2010 the Jail roll from the Central Prison, Karachi was summoned which appears to have been placed on record vide letter, dated 10-2-2010 issued by Superintendent, Central Prison, Karachi. As per Jail roll the appellant has already undergone sentence for 2 years 2 months and 3 days excluding remission upto 10-2-2010. Whereas remission earned by the appellant upto 10-2- 2010, 1 year 1 month and 24 days leaving the unexpired portion of 10 months and 3 days only. In support of his contention, learned counsel for the appellant has placed reliance upon the cases of Abdul Hameed v. Abdullah 1999 SCMR 3589 and Nazir Ahmed v. The State 2005 PCr.LJ 657.

2. ' (sic) suspension of sentence and grant of bail to the accused. Accordingly, M.A. No,628 of 2010 is granted, sentence awarded to the appellant is suspended till disposal of this appeal and he is admitted on bail subject to his furnishing solvent surety of Rs,100,000 and P.R. Bond in the like amount to the satisfaction of Nazir of this Court. Office is directed to fix this case in Court within six months after preparing the paper book. Learned counsel for the appellant undertakes to cooperate with the office for preparation of paper book.

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