Case Details

Citation(s)
2015 SLG 3030 2015 SLD 3030 2015 YLR 2537
Sindh High Court
Cr. Appeal No. S-71 of 2015, decided on 28th May, 2015
SHAHNAWAZ TARIQ, J
Wali M. Khoso for Appellant Shahzado Saleem Nahiyoon APG for the State

DODO and 7 others

VS

The STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.426---Penal Code (XLV of 1860), Ss. 337-A(i), 337-F(i), 341, 353, 395, 427, 147 & 148---Causing Shajjah-i-Khaftfah, damiyah, wrongful restraint, assault or criminal force to deter public servant from discharge of his duty, dacoity, mischief, rioting---Application for suspension of sentence---Maximum quantum of sentence awarded to accused persons, was R.I. for 4 years as well as Daman---Accused persons were not involved in any criminal case nor were previously convicts---On the day of incident, there was a strike call by the Political parties against the Government to maintain law and order situation in the, area and in response to said call, general public blocked the road---When Police mobile intercepted, the mob showed resistance and Police personnel sustained injuries---Accused remained on bail during the course of trial but neither they misused the concession of bail nor made any attempt to frustrate the prosecution evidence---Four years' sentence fell within the ambit of short sentence---Due to the heavy backlog of cases pending in the court, it would not be possible to hear and decide the main appeal in the near future---Sentences of accused persons were suspended in the interest of justice, till disposal of appeal and accused were enlarged on bail, in circumstances. ORDER SHAHNAWAZ TARIQ, J.-- Through the captioned application under Section 426, Cr.P.C, appellants namely Dodo, Muhammad Ibrahim, Salleh, Ghulam Hussain, Khuda Bux, Ali Gul, Samano and Mitho have prayed for suspension of their sentence and release on bail till disposal of instant appeal. 2. Relevant facts pertaining to the prosecution case are that complainant SIP Dodo Khan lodged FIR at Police Station Sarhari, that on the day of alleged incident, there was strike call by political parties to maintain law and order in the area, whereupon general public blocked Shandadpur-Gupchani road at Chan Babo bridge, and resisted against police and police official sustained lathi injuries and some assailants snatched their official weapons. 3. Appellants were Challaned and after conclusion of trial, the trial court convicted and sentenced them for offence…
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