| Case ID |
2329f2df-f232-4fd6-bda1-36edcfd1253a |
| Body |
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| Case Number |
Criminal Appeal No. D-161 of 2009 and M.A. No. 191 |
| Decision Date |
Jun 29, 2010 |
| Hearing Date |
|
| Decision |
Keeping in view the short sentence and that disposal of this appeal may take some time, the sentence awarded to the appellant is suspended. Let the appellant be released on bail upon furnishing surety in the sum of Rs.200,000 (Two Lac) and P.R. Bond in the like amount to the satisfaction of the Additional Registrar of this Court. Sentence suspended. |
| Summary |
In the case of NAZEER ALI alias NAZEER vs THE STATE, decided by the Sindh High Court on June 29, 2010, the appellant sought the suspension of his five-year sentence pending the outcome of his appeal. The appellant's counsel argued that the sentence was relatively short and that the main appeal would require considerable time, thereby justifying the suspension of the sentence and granting bail. On the other hand, the respondent's advocate contended that Section 561-A of the Criminal Procedure Code does not apply since the case was adjudicated by the Anti-Terrorism Court. The court referenced previous judgments, including Nadeem Umar v. State and Allah Din v. Special Judge, to support the decision to suspend the sentence. Ultimately, considering the brevity of the sentence and the expected duration of the appeal process, the court decided to suspend the appellant's sentence, allowing his release on bail with specific surety conditions. This decision highlights the application of the Criminal Procedure Code in cases involving Anti-Terrorism courts and sets a precedent for handling similar appeals where sentence suspension is warranted based on the appeal's potential duration and the sentence's length. |
| Court |
Sindh High Court
|
| Entities Involved |
Anti-Terrorism Court
|
| Judges |
FAISAL ARAB,
ABDUL HADI KHOSO
|
| Lawyers |
S. Madad Ali Shah,
S. Meeral Shah
|
| Petitioners |
NAZEER ALI alias NAZEER
|
| Respondents |
THE STATE
|
| Citations |
2011 SLD 2102,
2011 YLR 403
|
| Other Citations |
Nadeem Umar v. State 1999 PCr.LJ 606,
Allah Din v. Special Judge, Anti-Terrorism Court No.1 PLD 2008 Lah. 74
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
426
|