1. Learned counsel for appellants submits that the appellants Abdul Qayoom and Qalandar Bux have been convicted and sentenced, in Crime No, 80/2012, P.S: Civil Line, Jacobabad, for various offences, vide Judgment dated 18th March, 2016, but these sentences have been ordered to run concurrently. However, in view of concurrent sentences the maximum period of their sentence is 5 years, respectively, and as per Jail-Rolls of the appellants, they have already undergone its major portion. Learned counsel further contends that the remaining sentence is short one, and the hearing of appeal will take time, therefore, the sentence awarded to appellants may be suspended till decision of the main appeal and appellants may be enlarged on bail. In support of his contentions, the learned, Counsel relied upon 2008 SCM R 1439 and 1999 SCM R 2589.
2. Learned DDPP raised objection to grant of application.
3. Perusal of record shows that the appellants were convicted and sentenced for various offences for a different period, which is shown below:- Appellant Abdul Qayoom Golo a) Under Section 465/P.P.C. r/w. Section 5(2) of, the Prevention of Corruption. Act-II of 1947, to suffer R.I. For 02 years and fine of Rs, 25,000/- and in case of non payment of fine he shall suffer R.I. For three months more.
(ii) Under Section 466/F.P.C. r/w. Section with 5(2) of the Prevention of Corruption Act-II of 1947, to suffer R.I. For 05 years and fine of Hs. 50,000/- and in case of non payment of fine he shall suffer R.I.
4. For six months more.
(iii) Under Section 468 P.P.0 r/w. Section 5(2) of the Prevention of Corruption Act-II of 1947, to suffer R.I. For 05 years and fine of Rs, 50,000/- and in case of non payment of fine he shall suffer R.I. For six months more.
(iv) Under Section 161/P.P.C. r/w. Section 5(2) of the Prevention of Corruption Act-II of 1947, to suffer R.I. For 05 years and fine of Rs, 50,000/- and in case of non payment of fine he shall suffer R.I. For six months more.
(v) Under Section 225-B/P.P.0 to suffer R.I. For 06 months and fine of Rs, 1000/- and in case of non payment of fine he shall suffer R.I. For one month more.
5. Appellant Qalandar Bux Shaikh Under Section 221 /P.P.C. r/w. Section 5(2) of the Prevention of Corruption Act-II of 1967, suffer R.I. For 03 years and fine of Rs, 50,000/- and in ce of non payment of fine he shall suffer. R.I. For three Under Section 222/P P.C. r/w. Section with 5(2) of the Prevention of Corruption Act-II of 1947, to suffer R.I. For 05 years and fine of Rs, 50,000/- and in case of non payment of fine he shall suffer R.I. For six months more.
6. Under Section 225/P.P.C. r/w Section 5(2) of the Prevention of Corruption Act-TI of 1947; to suffer R.I.
7. Tor 05 years and fine of Rs, 50,000/- and in case ilk /ion payment of fine he shall suffer R.I. For six months more.
8. The combined jail-Roll of the appellant Abdul Qayoom in Crime No, 80 & 82 of 2012 P.S: Civil Line, Jacobabad, shows that he has served out sentence of seven years, ten months and 16-days, including remissions upto 19.4.2016, so in Crime No, 80/2012 un-expired portion of his sentence is about three years, as such he has served out more than half of his sentence and remaining sentence is short one and final adjudication of this appeal will take time.
9. Similarly, the appellant Qalandar Bux as served` out sentence of four years and 12-days, including remissions upto 19.4.2016 and un- expired portion of his sentence is two years; five months and 18- days, as such he has already served out major portion of his sentence and remaining sentence is short one. In view of the above, while relying upon case of Adnan A. Khuwaja v. The State (2008 SCM R 1439), Makhdoom Javed Hashmi v. The State (2008 SCM R 165) and case of Abdul Hameed v.
10. Muhammad Abdullah (1999 SCM R 2589), the sentences awarded to appellants Abdul Qayoom and Qalandar Bux, are hereby suspended and they are admitted to bail on furnishing solvent surety in the sum of Rs, 300,000/- (Three Hundred Thousand Rupees) each and P.R bonds in the like amount before the additional Registrar of this Court.