TAHIRUDDIN Versus STATE

ORDER

1. This is an application under section 561-A, Cr.P.C. filed on behalf of the accused/appellant praying for suspension of the sentence awarded to him by the Special Court of Suppression of Terrorist Activities, Karachi, and also to release him on bail.

2. Mr. Shahadat Awan learned counsel for the appellant stated that the appellant was convicted by the trial Court on 14-9-1995 and the present appeal was filed on 11-10-1995 which was admitted on 19-10-1995 and although the paper book was prepared but the case could not proceed for no fault of the appellant. According to him this is a hardship case and he relied upon Full Bench decision of this Court in the case of Abdul Khaliq v. The State PLD 1990 Kar. 448. He has also relied on an unreported judgment, dated 25-5-1993 passed by a Division Bench of this Court wherein bail was granted in a similar case. According to the learned counsel section 7(2) of the Suppression of Terrorist Activities Act, 1975 provides that an appeal filed by a convict is to be decided within three months but the present appeal which was admitted in 1993 has not proceeded since then. Although the allegations are that the appellant was carrying arms and ammunition but the prosecution witness No. 1 clearly stated that he was stopped by the police and Rangers and, was told that they have recovered arms and ammunitions from the persons whose names were also disclosed by them. He could not recognize the accused and stated that the ammunition in bag is too heavy and one person cannot carry the same. P.W.2 who is Inspector of Police, admitted that "bag with ammunition was lying on the street and Tahiruddin accused was butting his hands on it" which fact was not mentioned by him in the F.I.R. Mashirnama or in the charge-sheet submitted by him. It is further pointed out by the learned counsel that one Badar Iqbal was arrested alongwith the accused but was made Mashir subsequently and was not produced before the Court. The statement of the witness indicates the conduct of the Investigating Officer that the correct facts were not mentioned in the F.I.R., Mashirnama or the charge-sheet casting doubts in regard to the facts of the case. There is no allegation of any firing or injury.

3. In view of the circumstances that the case is a hardship case, we are of the opinion that the provision of section 561-A, Cr.P.C. can be invoked. We, therefore, order the suspension of the sentence passed by the trial Court pending final disposal of this appeal and direct that the appellant shall be released on furnishing one surety in the sum of Rs. 1,00,000 and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court.

2. Granted. Documents may be kept on record, which will be considered, at the time of regular hearing.

4. H.B.T./T-25/K Application allowed.