2008 PLP 103 (MLD)

The petitioner, Falak Sher, involved in a case bearing F.I.R. No.667 of 1998, dated 25-11-1998, under section 9(b) of Control of Narcotic Substances Act, 1997, registered at Police Station City Burewala, District Vehari, was tried by learned Additional Sessions Judge, Burewala, who, vide judgment, dated 21-12-2004, convicted the petitioner under section 9(b) of Control of Narcotic Substances Act, 1997 and sentenced him to four years R.I. with fine of Rs.10,000 failing which he was to further undergo S.I. for three months. Benefit of section 382-B, Cr.P.C. was also extended to him.

2. Through this application, the petitioner seeks suspension of his sentence, as mentioned above.

3. Learned counsel for the petitioner submits that the accused was not arrested from the spot; that the shopper containing charas was not recovered from him; that as it was dark, therefore, he could not have been identified by police as they did not know him at all; that he has no previous history and is a previous non-convict; that the sentence awarded to the petitioner is a short one and out of the same, he has served part of the sentence; that his appeal is not likely to be fixed in near future and has apprehension that by the time the appeal is heard, the petitioner would have undergone the entire sentence. Prays that during pending the appeal, sentence of the petitioner may be suspended.

4. Learned State counsel has been heard who has vehemently opposed this petition.

5. The contention of the learned counsel for the petitioner that there is a possibility that by the time the appeal is fixed for hearing and is decided, the petitioner would have served the sentence, carries weight as there is no likelihood of the appeal being fixed in the near future. The sentence so awarded to the petitioner is a short one and relying on Abdul Hameed v. Muhammad Abdullah and others (1999 SCMR 2589), the petitioner deserves suspension of his sentence. It has also been pointed out by the learned counsel that according to the report received from the Superintendent, District Jail, Multan, the total remaining sentence of the petitioner is 3 years, 3 months and 28 days. Under the circumstances, it would be, therefore, in the interest of justice that the petitioner is allowed bail pending final disposal of the appeal. Accordingly, sentence of the petitioner is suspended subject to his furnishing bail bonds in the sum of Rs.100,000 (rupees one hundred thousand only) with one surety in the like amount to the satisfaction of learned trial Court. N.H.Q./F-138/L Sentence suspended.