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Petitioner: GHULAM ABBAS VS Respondent: StateHonorable Justice Muhammad TasnimLiaquat Ali Qureshi
2012 Y L R 560
[Sindh]
Before Muhammad Tasnim, J
GHULAM ABBAS---Applicant
Versus
THE STATE---Respondent
M.A. No.6691 of 2010 in M.A. No.7794 of 2010 in M.A. No.7794 of 2011, decided on 26th August, 2011.
Criminal Procedure Code (V of 1898)---
----S.426---Penal Code (XLV of 1860), S.392--- Robbery--- Suspension of sen-tence---Sentence of five years awarded to accused had been sought to be suspended during pendency of appeal on the ground that appeal had been filed on 3-12-2010 and ever since, not a single date/ adjournment had been taken by accused and that there was no possibility of early hearing of appeal---State Counsel had no objection to grant of application for suspension of sentence---By consent, application for suspension of sentence was granted---Accused was enlarged on bail, in circumstances.
Liaquat Ali Qureshi for Applicant.
Ms. Seema Zaidi, A.P.-G. for the State.
ORDER
MUHAMMAD TASNIM, J.---Granted.
2&3. This is an application under section 426, Cr.P.C. seeking release of appellant/applicant Ghulam Abbas son of Ghulam Qadir on bail during pendency of appeal on his furnishing solvent surety to the satisfaction of Nazir of this Court.
Learned counsel for the appellant/applicant submits that appellant/ applicant was convicted and sentenced by learned VIII-Assistant Sessions Judge, Karachi-East, vide judgment dated 5-11-2010 under section 392, P.P.C. to suffer R.I. for five years and to pay fine of Rs.20,000, in case of default of payment, appellant/applicant shall suffer SI for two months more. Benefit of section 382-B, Cr.P.C. was also extended to the appellant/applicant. Learned counsel for the appellant/applicant says that present appeal was filed on 3-12-2010 and ever since then not a single date/adjournment has been taken by the appellant side. He says that there is no possibility of early hearing of this appeal and even otherwise judgment impugned in this appeal is not in consonance of law and evidence on record. He prays that appellant/applicant be admitted to bail.
Learned A.P.-G. has no objection to the grant of this application.
Accordingly, by consent, this application is granted. The operation of impugned dated 5-11-2010 passed in Sessions Case No.1356 of 2009 is suspended and appellant/applicant is enlarged on bail on his furnishing solvent surety in the sum of Rs.100,000 (Rupees one hundred thousand) with P.R. bond in the like amount to the satisfaction of Nazir of this Court.
In view of above M.A. No.6691 of 2010 stands disposed of.
H.B.T./G-41/K Sentence suspende