KHAIR BUX (Appellant) VS THE STATE (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD.

Crl. Appeal No.S –170 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

For hearing of MA-7783 of 2020.

Ms. Samreen Khaskheli, Advocate for appellant.

Ms. Rameshan Oad, Assistant Prosecutor General Sindh.

The facts in brief necessary for disposal of instant application is that the appellant on trial was found guilty for offence punishable u/s 23(i)(a) of the Sindh Arms Act for being in possession of unlicensed pistol of 30 bore with magazine containing three live bullets therefore was convicted and sentenced to undergo R.I for one year with fine of Rs.10,000/- and in case of default whereof to undergo S.I for three months by learned Ist Additional Sessions Judge, Tando Muhammad Khan vide his judgment dated 21.10.2020 which is impugned by the appellant before this Court which is admitted to Regular hearing and in the meanwhile the appellant has sought for suspension of the operation of impugned judgment and his release on bail by way of listed application.

It is contended by learned counsel for the appellant that the conviction and sentence recorded against the appellant is short one and hearing of his appeal is not possible in near future. By contending so, she sought for suspension of the operation of the impugned judgment and release of the appellant on bail.

Learned A.P.G for the State has recorded no objection to release of the appellant on bail pending disposal of his appeal.

I have considered the above arguments and perused the record.

The conviction and sentence recorded against the appellant is short one; hearing of his appeal obviously would take further time;

therefore, the operation of impugned judgment is suspended.

Consequently, the appellant is ordered to be released on bail subject to his furnishing surety in sum of Rs.30,000/- and PR bond in the like amount to the satisfaction of Additional Registrar of this Court.

The listed application is disposed of accordingly.

JUDGE.

Ahmed/Pa