| Citation(s) |
|---|
| 2014 SLG 399 2014 SLD 399 2014 YLR 484 |
Sindh High Court
Criminal Appeal No.S-41 of 2013, decision dated: 20-09-2013
ABDUL MAALIK GADDI, JUSTICE
Ghulam Ali A. Samtio for Appellants. Saleem Raza Jakhar for the Complainant.
Criminal Appeal No.S-41 of 2013, decision dated: 20-09-2013
ABDUL MAALIK GADDI, JUSTICE
Ghulam Ali A. Samtio for Appellants. Saleem Raza Jakhar for the Complainant.
LIAQUAT AND ANOTHER
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)---S. 426---Penal Code (XLV of 1860), Ss.337-D & 337-F(iii), (v)---Jaifah, causing Mutalihimah, Hashimah---Suspension of sentence pending appeal---Main appeal filed by accused persons against their conviction and sentence had already been admitted by High Court---Accused were on bail during trial before the Trial Court---Paper Book, had not been prepared, and would take time---Sentence awarded to accused persons, were short---Sentence awarded to accused persons, were suspended till disposal of appeal on furnishing their sureties. 2009 PCr.LJ 747 rel. ORDER ABDUL MAALIK GADDI, J.---By this order, I intend to dispose of C.M.A. No.1642 of 2013, i.e. an application under section 426, Cr.P.C. filed by the Advocate for appellants with a prayer to suspend the sentences awarded to the appellants by learned trial Court vide impugned judgment dated 13-7-2013, and enlarge them on bail, during pendency of appeal. 2. Notice of this application was given to learned Addl. A.G and so also to complainant. Mr. Ghulam Ali Samtio learned Advocate for the appellants, Miss. Shamim Khokhar learned Advocate for the State and Mr. Saleem Raza Jakhar, learned Advocate for complainant are present and they have been heard on this application. 3. Learned Advocate for appellants in support of his application has mainly argued that since main criminal appeal against conviction of the appellants has already been admitted to regular hearing by Hon'ble Mr. Justice Salahuddin Panhwar, vide order dated 24-7-2013. He further submitted that sentences awarded to appellant No.1 Liaquat to undergo' R.I. for three years for the offence under section 337-F(iii) P.P.C. while appellant Sanaullah, was awarded sentences to suffer R.I. for five years under sections 337-D and 337-F(v) P.P.C. are short sentences and during trial they were on bail, but did not misuse the bail. According to him, paper book has not yet been prepared and it will take time, therefore, he has prayed for suspension of sentences till hearing of the appeal. In support of his arguments he has relied upon unreported Order dated 9-10-2012, passed by this Court in Criminal Appeal No.…
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