2017 YLRN 190

AMJAD Versus State

Citation2017 YLRN 190

CourtSindh High Court

Judge(s)Anwar Hussain

ORDER

1. ANWAR HUSSAIN, J.--- Mr. Ali Asghar Laghari, Advocate, files Vakalatnama on behalf of Complainant, which is taken on record. The listed Application for suspension of sentence is filed in this Criminal Appeal against the Impugned Judgment dated 08.3.2014, whereby the learned IIIrd Additional Sessions Judge, Hyderabad, in Sessions Case No.348/2012, of Police Station Tando Jam, District Hyderabad, under Sections 452, 376, 511, 337-A(i), 34, P.P.C., has convicted Appellant viz. Amjad under sections 376, 511, 452/34 P.P.C., to suffer Rigorous Imprisonment for Seven years and to pay fine of Rs.10,000/- to injured Mst. Naseem, so also to pay fine of Rs.10,000/- to victim Mst. Soni, in case of failure he shall suffer Simple Imprisonment for one month, whereas Appellants viz Aamir and Azeem, were also convicted under section 452/34, P.P.C., to suffer Rigorous Imprisonment for Seven years and to pay fine of Rs.10,000/, each to injured Complainant viz. Mst. Naseem, in case of failure they shall suffer Simple Imprisonment for one month. The benefit of section 382-B, Cr.P.C., was extended to the Appellants.

2. Learned Counsel for Appellants contended that the Appellants were on bail at trial; they were taken into custody to serve out the above sentences at the time of said Judgment and since than they are in custody. As per Jail Roll the Appellants have undergone the sentence of "02" years and "03" months and earned the remission of "09" months and "21" days.

3. Per Counsel the Appellants are real brothers; this Appeal has not been decided since more than 2 years; and during its pendency the Appellants' side did not cause any delay and the Complainant has given no objection for the grant of bail in the matter by way of Statement/Affidavit, as such, the learned Counsel submits that the awarded sentence may be suspended and Appellants be released on bail. In this regard the learned Counsel relied on cases of 1991 SCMR 1459, 2007 PCr.LJ 1035 (DB-Karachi), and 2008 SCMR 165 and 2010 SCMR 608. The learned Counsel for the Complainant as well as learned D.D.P.P. have given no objection for the grant of the bail to the Appellants in this Appeal.

4. As per record, the Appellants have undergone the sentence of "02" years and "03" months; earned the remission of "09" months and "21" days and the remaining sentence is now shorter one, therefore, in view of the above case laws and the no objection, the Appellants have made out the case for bail in their favour. Further this Appeal is pertain to the year 2014, which still has not been decided on merits due to no fault of the Appellants.

5. In view of the above circumstances, the sentences as awarded to the Appellants are hereby suspended and they be released on bail subject to furnishing solvent surety in the sum of Rs.50,000/- each with PR bond in the like amount to the satisfaction of the Additional Registrar of this Court.

6. The Application stand disposed of.

7. WA/A-88/Sindh Order accordingly.