Case Details

Citation(s)
2016 SLG 3913 2016 SLD 3913 2016 YLR 2147
Sindh High Court
Criminal Appeal No. S-165 of 2015, decided on 11th January, 2016.
KHADIM HUSSAIN M. SHAIKH, JUSTICE
Wali Muhammad Jamari for Appellant. Shahid Ahmed Shaikh, Assistant Prosecutor General Sindh for
Respondent.

ABDUL RAHEEM ALIAS WALHARI

VS

. THE STATE--Respondent

Law:

Section:

Criminal Procedure Code (V of 1898)----- -----S.426-----Sindh Arms Act (V of 2013), S. 23(1)(a)-----Possessing unlicensed arms-----Application for suspension of sentence----- Short sentence----- Scope-----Sentence awarded to accused, was only for two years, which fell within the ambit of "short sentence"-----Accused had remained in custody from the date of his arrest-----Due to heavy backlog of cases pending with the court, final hearing of appeal and its decision, was not in sight in near future-----Application for suspension of sentence, was allowed, and sentence awarded to accused was suspended during pendency of main appeal; and accused was directed to be released on bail, in circumstances. THIS ORDER PASSED BY: KHADIM HUSSAIN M. SHAIKH, JUSTICE:----------- Through the captioned application under section 426, Cr.P.C, appellant Abdul Raheem alias Walhari seeks his release on bail by way of suspension of the operation of the impugned judgment dated 11.11.2015, passed by the learned Court of Sessions Judge, Tando Muhammad Khan in Sessions Case No.27 of 2015 re: The State v. Abdul Raheem alias Walheri, culminated from FIR No.47/2015 of Police Station Bulri Shah Karim, under section 23(1)(a) Sindh Arms Act, 2013, whereby the appellant has been convicted and sentenced to suffer R.I. for 02 years with fine of Rs.10,000/- and in default whereof to further undergo S.I. for two months, extending him benefit of section 382-B Cr.P.C. 2. It is, inter alia, contended by the learned counsel for the appellant that the sentence of two years awarded to the appellant is a short sentence; that the appellant is not previous convict and that…
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