| Citation(s) |
|---|
| 2016 SLG 2112 2016 SLD 2112 2016 YLR 187 |
Sindh High Court
Cr. Appeal No. 155 of 2015, decided on 10-07-2015.
ABDUL MAALIK GADDI, JUSTICE
Muhammad Shahid for Appellant. Muhammad Iqbal Assistant Prosecutor General, Sindh for the State.
Cr. Appeal No. 155 of 2015, decided on 10-07-2015.
ABDUL MAALIK GADDI, JUSTICE
Muhammad Shahid for Appellant. Muhammad Iqbal Assistant Prosecutor General, Sindh for the State.
HABIB AHMED
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---Suspension of sentence pending appeal---Sentence awarded to accused by the Trial Court for two years and fine of Rs.20,000 was sought to be suspended on the ground that sentence was short one, and disposal of appeal would take some time---Accused had prayed for grant of bail while suspending the sentence---Keeping in view the short sentence, and that disposal of appeal could take some time and that evidence of the prosecution witnesses, and observation of the Trial Court, were still to be re-appreciated and re-evaluated, sentence awarded to accused was sus-pended, and accused was released on bail, in circumstances. Abdul Hameed v. Muhammad Abdullah 1999 SCMR 2589 ref. THIS ORDER PASSED BY: ABDUL MAALIK GADDI, JUSTICE:----------- By this order, I intend to dispose of the application under section 426 Cr.P.C. filed in the above Cr. Appeal for the suspension of sentence and release of the appellant on bail. Per prosecution, the appellant was facing charge in Sessions Case No.450/2014, culminating in FIR No.75/2014 of P.S. Shahra-e-Noor Jehan, Karachi under section 23(1)A of Sindh Arms Act, 2013. Learned trial court recorded the prosecution evidence, examined the appellant under section 342 Cr.P.C. and after hearing counsels for both the parties convicted the appellant vide order dated 27.05.2015 under section 23(1)A of Sindh Arms Act, 2013 sentenced him to undergo R.I. for the period of two years and to pay fine of Rs.20,000/- and in default in payment of fine, he shall suffer SI for two months more. However, the appellant was extended benefit of Section 382-B, Cr.P.C. Vide order dated 19-06-2015 the appeal of the appellant has been admitted for…
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