2017 PLP 241 (YLRN)

SHAHNAWAZ TARIQ, J.

Through the captioned application under section 426, Cr.P.C., appellant Mohammad Ibrahim Panhwar has prayed for suspension of sentence awarded to him by the trial Court and enlargement on bail till disposal of instant appeal.

2. Necessary facts spelt out from the prosecution case are that appellant was apprehended in by another crime and during search one unlicensed T.T. pistol was recovered from his possession, hence the instant FIR. After conclusion of the trial, appellant was convicted and sentenced for R.I. 5 years to pay fine of Rs.20,000/-, and in case of default to further suffer for R.I. two months. However, he was extended the benefit under section 382-B, Cr.P.C.

3. Learned counsel for the appellant contended that appellant was enlarged on bail by the trial Court in main case lodged under section 392, P.P.C. as complainant Mohammad Eisa and P.W. Abdul Aziz had filed their affidavits of no objection and also exonerated him from the commission of alleged offence. He further submitted that in instant case, appellant was enlarged on bail by the trial Court but neither he misused the concession of bail nor tampered with prosecution evidence. He further urged that applicant has been convicted and sentenced to suffer R.I. for five years which falls within ambit of short sentence. He further emphasized that paper book has not been prepared as such there is no probability of disposal of instant criminal appeal on merits.

4. While controverting the contention raised by the learned counsel for the appellant, learned D.P.G. contended that appellant was apprehended by police and one unlicensed TT pistol was recovered from his possession as such he is not entitled to be released on bail.

5. Perusal of material available on record and consideration of the arguments advanced by the learned counsel for the parties emanate that appellant was apprehended in Crime No.28 of 2014, lodged at P.S. Mubarakpur, under section 392, P.P.C. and 'TT pistol was recovered from his possession for which instant separate case vide Crime No.29 of 2014, was lodged being subject matter of instant appeal. Admittedly, appellant was enlarged on bail by the trial Court in main case, as complainant Mohammad Eisa and P.W Abdul Aziz had sworn their affidavits of no objection for his enlargement on bail, whereupon appellant was granted bail vide order dated 11.09.2014, and subsequently, he was also granted bail by the learned trial Court in the instant crime but during the period of his enlargement on bail, neither he misused the concession of bail nor made any attempt to tamper with the prosecution evidence. Besides this, considering the heavy backlog of pendency of cases of this Court, there is no probability of disposal of instant criminal appeal in near future.

6. It is significant to mention that due to the pendency of heavy backlog on the board of this Court, it would not be possible to hear the main appeal and decide the same on merits in near future. It is well settled that while deciding the question of bail under section 426, Cr.P.C. on the ground of short sentence, the Court will not examine the merits of the main appeal. Reliance in this context can be made in the case of Abdul Hameed v. Muhammad Abdullah and others (1999 SCMR 2589) and Nazir Ahmed and 2 others (2005 PCr.LJ 657). In view of the case law referred supra, the quantum of sentence of 5 years awarded to the appellant by the trial Court, falls within the compass of short sentence. Indeed, appellant was enlarged on bail during the course of trial, but he neither misused the concession of bail nor made any attempt to temper with the prosecution witnesses. Consequently, instant application stands allowed and sentence awarded to the appellant is suspended. Resultantly, appellant is enlarged on bail on his furnishing solvent surety in the sum of Rs.50,000/= and P.R. bond in the like amount to the satisfaction of Additional Registrar of this Court. Office is directed to prepare the paper book and fix the instant criminal appeal before the Court as per roaster. SL/M-75/Sindh Sentence suspended.