Law:

Section:

Pakistan Criminal Law (Amendment) Act, 1958-- ----S. 10--Criminal Procedure Code, (V of 1898), S. 410--Sentence--Concurrent sentences--Sentence awarded to accused may be suspended till decision of appeal--Served out sentence and unexpired portion of sentence--Validity--Appellant had served out specific sentence, including remissions and un-expired portion of his sentence, as such he had already served out major portion of his sentence and remaining sentence was short one--Sentences awarded to accused were hereby suspended and they were admitted to bail on furnishing solvent surety. 2008 SCMR 1439, 2008 SCMR 165 & 1999 SCMR 2589, rel. ORDER Learned counsel for appellants submits that the appellants Abdul Qayoom and Qalandar Bux have been convicted and sentenced, in Crime No. 80/2012, P.S: Civil Line, Jacobabad, for various offences, vide Judgment dated 18th March, 2016, but these sentences have been ordered to run concurrently. However, in view of concurrent sentences the maximum period of their sentence is 5 years, respectively, and as per Jail-Rolls of the appellants, they have already undergone its major portion. Learned counsel further contends that the remaining sentence is short one, and the hearing of appeal will take time, therefore, the sentence awarded to appellants may be suspended till decision of the main appeal and appellants may be enlarged on bail. In support of his contentions, the learned, Counsel relied upon 2008 SCMR 1439 and 1999 SCMR 2589. Learned DDPP raised objection to grant of application. Perusal of record shows that the appellants were convicted and sentenced for various offences for a different period, which is shown below:-- Appellant Abdul Qayoom Golo (i) Under Section 465/P.P.C. r/w. Section 5(2) of the Prevention of Corruption Act-II of 1947, to suffer R.I. for 02 years and fine of Rs. 25,000/- and in case of non payment of fine he shall suffer R.I. for three months more. (ii) Under Section 466/F.P.C. r/w. Section with 5(2) of the Prevention of Corruption Act-II of 1947, to suffer R.I. for 05 years and fine of Rs. 50,000/- and in case of non payment of fine he shall suffer R.I. for six months more. (iii) Under Section…

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