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2023 SHC 236

Goharullah S/O Inayatullah vs The State Through Chairman NAB

Citation2023 SHC 236
CourtSindh High Court
Case No.Cr. Accountability Appeal No.30 of 2022
Date2023-03-21
Judge(s)Aqeel Ahmed Abbasi, Kausar Sultana Hussain
ResultAppeal Allowed

ORDER

1. Heard the learned counsel for the appellant as well as learned Special Prosecutor NAB. From tentative perusal of the record and impugned judgment passed by the Accountability Court No.1 Sindh, Karachi, in Reference No.58 of 2016, whereby, the appellant, namely, Goharullah, has been convicted and sentenced to rigorous imprisonment for 07 (seven) years and to pay fine of Rs.500 million and in case of its' non-payment to further undergo imprisonment for a period of 02 (two) years. We are of the tentative view that the appellant has made out the prima-facie case of suspending the sentence awarded to the appellant during pendency of the appeal. Moreover, there is no likelihood of disposal of the main appeal on merits keeping in view pendency of large number of cases pending before the bench hearing the NAB cases, whereas, co-accused persons, namely, (i) Muhammad Saleem (ii) Shakeel Ahmed (iii) Hafeez-ur-Rehman (iv) Hamid Mehmood Nasir and (v) Haji Abdul Razzik, vide order dated 23.12.2022 passed in Crl. Accountability Appeal Nos.29, 31, 32, 33 and 34 of 2022, have been released on bail while suspending sentence awarded by the NAB Court in the above reference through same impugned judgment, we, therefore, suspend the sentence awarded to the appellant, namely, Goharullah, during pendency of appeal and direct his release on bail subject to his furnishing surety in the sum of Rs.01 Million and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court.

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