SHAMSHAD ALI Versus THE STATE

ORDER

1. The appellant has been convicted under section 474, P.P.C., and sentenced to suffer R.I for five years and also to pay fine of Rs.2,000 or in default to undergo further R.I. for six months. Mr Ali Nawaz Dahraj has contended that the offence for which the appellant has been convicted was bailable, and that the learned trial Judge has not properly evaluated the evidence, and thereby the case of the appellant was prejudiced. That the appellant has bright chances to succeed in appeal. He has also relied upon an unreported case of Irshad v. The State (Criminal Appeal No. 111 of 1983) in which Mr. Abdul Hayee Qureshi, C.J. (as he then was) was pleased to grant f bail for similar offence in which the accused was convicted for 4 years under section 18(A) of the Immigration Ordinance, 1975.

2. Mr. Abdul Ghafoor Mangi, A.A.-G. has no objection if the sentence of the appellant is suspended and he is allowed bail in view of the above circumstances.

3. I, therefore, suspend the operation of the sentence of the appellant, and direct that he shall be released on bail on furnishing surety in the sum of Rs.25,000 and P.R. bond in the like amount to the satisfaction of trial Judge.

4. S.A./142/K Sentence suspended.