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2016 YLR 187

HABIB AHMED vs The STATE

Citation2016 YLR 187
CourtSindh High Court
Case No.Cr. Appeal No.155 of 2015
Date2015-07-10
Judge(s)Abdul Maalik Gaddi
ResultSentence suspended

ORDER

1. ' ABDUL MAALIK GADDI, J.---By this order, I intend to dispose of the application under section 426 Cr.P.C. Filedin the above Cr. Appeal for the suspension of sentence and release of the appellant on bail.

2. ' Per prosecution, the appellant was facing charge in Sessions Case No.450/2014, culminating in FIR No.75/2014 of P.S. Shahra-e-Noor Jehan, Karachi under section 23(1)A of Sindh Arms Act, 2013.

3. ' Learned trial court recorded the prosecution evidence, examined the appellant under section 342 Cr.P.C. And after hearing counsels for both the parties convicted the appellant vide order dated 27.05.2015 under section 23(1)A of Sindh Arms Act, 2013 sentenced him to undergo R.I. For the period of two years and to pay fine of Rs.20,000/- and in default in payment of fine, he shall suffer SI for two months more. However, the appellant was extended benefit of Section 382-B, Cr.P.C.

4. ' Vide order dated 19-06-2015 the appeal of the appellant has been admitted for regular hearing.

5. Order for preparation of paper book has already been made but paper book still has not been prepared.

6. ' Learned counsel for the appellant seeks suspension of the sentence awarded to the appellant Habib Ahmed for two years and fine of Rs.20,000/- in an offence arising out of Crime No.75/2014 under section 23(1)A of Sindh Arms Act, 2013. Learned counsel submits that sentence is short one and disposal of appeal would take some time therefore, he prays for grant of bail while suspending the sentence. In support of his contention he has placed reliance on the case of Abdul Hameed v.

7. Muhammad Abdullah (1999 SCMR Page 2589).

8. Learned Assistant Prosecutor General, Sindh appearing for State, in view of dictum laid down in the case of Abdul Hameed (Supra) has recorded his no objection to suspension of sentence.

9. Keeping in view the short sentence and that disposal of this appeal may take some time and the evidence of the prosecution witnesses and observation of the trial court are still to be re- appreciated and re-evaluated, therefore, reliance on the case of Abdul Hameed (Supra), the sentence awarded to the appellant is suspended. Let the appellant be released on bail on furnishing solvent surety in the sum of Rs.50,000/- (Rupees Fifty thousand only) and P.R. Bond in the like amount to the satisfaction of Nazir of this court.

10. ' With these observations, this application stands disposed of.

11. ' Adjourned to 17-8-2015 for regular hearing.

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