2016 PLP 187 (YLR)
HABIB AHMED — Appellant Versus The STATE — Respondent
| Citation | 2016 PLP 187 (YLR) |
| Forum / Court | Sindh |
| Bench Members | Abdul Maalik Gaddi, J |
| Parties | HABIB AHMED — Appellant Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2016 PLP 187 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2016 PLP 187 (YLR)?
The case was heard and decided by the Sindh bench comprising: Abdul Maalik Gaddi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2016 PLP 187 (YLR) (HABIB AHMED — Appellant Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Shahid for Appellant.
Headnotes / Summary
S.426
Sindh Arms Act (V of 2013), S.23(1)(A)
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. Muhammad Iqbal Assistant Prosecutor General, Sindh for the State.
Judgment & Decree
ABDUL MAALIK GADDI, J.
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 regular hearing. Order for preparation of paper book has already been made but paper book still has not been prepared. Learned counsel for the appellant seeks suspension of the sentence awarded to the appellant Habib Ahmed for two years and fine of Rs.20,000/- in an offence arising out of Crime No.75/2014 under section 23(1)A of Sindh Arms Act, 2013. Learned counsel submits that sentence is short one and disposal of appeal would take some time therefore, he prays for grant of bail while suspending the sentence. In support of his contention he has placed reliance on the case of Abdul Hameed v. Muhammad Abdullah (1999 SCMR Page 2589). Learned Assistant Prosecutor General, Sindh appearing for State, in view of dictum laid down in the case of Abdul Hameed (Supra) has recorded his no objection to suspension of sentence. Keeping in view the short sentence and that disposal of this appeal may take some time and the evidence of the prosecution witnesses and observation of the trial court are still to be re- appreciated and re-evaluated, therefore, reliance on the case of Abdul Hameed (Supra), the sentence awarded to the appellant is suspended. Let the appellant be released on bail on furnishing solvent surety in the sum of Rs.50,000/- (Rupees Fifty thousand only) and P.R. Bond in the like amount to the satisfaction of Nazir of this court. With these observations, this application stands disposed of. Adjourned to 17-8-2015 for regular hearing. HBT/H-13/Sindh Sentence suspended.