ALLAH BACHAYO Versus State

ORDER

ABDUL MAALIK GADDI, J.--- 1. Urgency disposed of.

2. Exemption is granted subject to all just exceptions.

3. Through this appeal, the appellant has assailed the legality and propriety of the judgment dated 22.02.2020, passed by learned 1st Additional Sessions Judge Tharparkar alias Mithi in Sessions Case No.02 of 1999 (Re: The State v. Allah Bachayoo and another), emanating from Crime No.27 of 1998, registered under sections 324, 147, 148, 149, 114, 337-A(i), 337-F(i), 504, 34, P.P.C. at Police Station Diplo, whereby he was convicted and sentenced in the terms as stated in the concluding paragraph of the said judgment. Instant appeal against conviction being statutory right of the appellant is admitted for regular hearing. Call R&P; prepare paper book. Issue notice to A.P.G.

4. At this juncture, learned counsel for the appellant submits that along with the memo of instant appeal, an application under section 426, Cr.P.C. (M.A No. 2299 of 2020) has also been filed whereby appellant seeks his release on bail by suspending the operation of the impugned judgment during pendency of instant appeal.

Learned counsel for the appellant contended that through impugned judgment, the appellant has been directed to pay Arsh amount viz. Rs.232022/- to the injured Manthar son of Muhammad at once and in default whereof, he shall be taken into custody to serve out simple imprisonment until he pays the said arsh amount. Learned counsel further submits that conviction of simple imprisonment comes within the definition of short sentence, hence appellant may be released on bail by suspending the operation of the impugned judgment.

Ms. Rameshan Oad, learned A.P.G, who is present in Court in connection with other matters, while waiving notice of this application and looking to the short sentence and the position mentioned supra, has extended her no objection.

Heard arguments and perused the record. No doubt, the appellant has been awarded simple imprisonment in case of non-payment of arsh amount to the injured through the impugned judgment, which comes within the ambit of short sentence and the appellant was also on bail before the trial Court and as it appears from the record, he never misused such concession. Moreover, looking to the heavy backlog at this Circuit, hearing of captioned appeal will also take some time.

In these facts and circumstances as well as no objection extended by the learned A.P.G, operation of the impugned judgment dated 22.02.2020, passed by learned 1st Additional Sessions Judge Tharparkar alias Mithi in Sessions Case No. 02 of 1999 (Re: The State v. Allah Bachayoo and another), emanating from Crime No.27 of 1998, registered under sections 324, 147, 148, 149, 114, 337-A(i), 337-F(i), 504, 34, P.P.C. at Police Station Diplo, is hereby suspended during pendency of instant appeal. Resultantly, appellant be released on bail subject to furnishing his solvent surety in the sum of Rs.2,50,000/- (Rupees Two Hundred and Fifty Thousand) and P.R. Bond in the like amount to the satisfaction of Additional Registrar of this Court.

Application (M.A No.2299 of 2020) stands disposed of in the above terms.

JK/A-105/Sindh Bail granted.