KHADIM HUSSAIN M. SHAIKH, J.---Through the captioned application under section 426, Cr.P.C, appellant Abdul Raheem alias Walhari seeks his release on bail by way of suspension of the operation of the impugned judgment dated 11.11.2015, passed by the learned Court of Sessions Judge, Tando Muhammad Khan in Sessions Case No,27 of 2015 re: The State v. Abdul Raheem alias Walheri, culminated from FIR No,47/2015 of Police Station Bulri Shah Karim, under section 23(1)(a)
Sindh Arms Act, 2013, whereby the appellant has been convicted and sentenced to suffer R.I. For 02 years with fine of Rs,10,000/- and in default whereof to further undergo S.I. For two months, extending him benefit of section 382-B Cr.P.C.
2. It is, inter alia, contended by the learned counsel for the appellant that the sentence of two years awarded to the appellant is a short sentence; that the appellant is not previous convict and that the appellant is not involved in any criminal case. He, therefore, prays that the sentence awarded to the appellant may be suspended and the appellant may be released on bail.
3. Learned A.P.G. Raises no objection stating that this matter is involving a short sentence of two years and such a short sentence is good ground for release of the appellant on bail.
4. I have considered the arguments advanced by the learned counsel for the appellant and learned A.P.G. For the State.
5. Admittedly, the sentence awarded to the appellant in this case is only for two years, which falls within the ambit of short sentence. The appellant has remained in custody from the date of his arrest i.e, 29.06.2015, as is evident from the impugned judgment dated 11.11.2015. Moreover, due to heavy backlog of the cases pending on the board of this Court, the final hearing of appeal and its decision is not in sight in near future.
6. In view of what is stated above, the instant application is allowed and the sentence awarded to the appellant is suspended during pendency of main appeal and the appellant Abdul Raheem alias Walhari 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.