NAZEER AHMED and 2 others vs THE STATE
These applications were filed by the appellants seeking the suspension of their five-year prison sentences pending the disposal of their appeal. The core legal question was whether a short sentence of five years could be suspended where the hearing of the appeal was likely to take some time. Relying on Supreme Court precedent, the High Court observed that the sentences were short and the appeal's resolution would be delayed. With the state counsel offering no objection to the suspension under the circumstances, the High Court allowed the applications. The court held that short sentences may be suspended during the pendency of an appeal to prevent the sentence from being served out before the appeal is heard. Consequently, the court suspended the sentences and admitted the appellants to bail subject to furnishing the required surety and personal bonds.
- Whether a five-year prison sentence can be suspended during the pendency of an appeal if the hearing of the appeal is delayed?
- Does the short duration of a sentence constitute a valid ground for the suspension of that sentence pending appeal?
ORDER
1. ' This order shall dispose of the applications cited above, as they arise out of a common judgment.
2. The appellants on conviction have been awarded imprisonment of five years.
3. ' Learned counsel for appellants submitted that the sentences are short and the hearing of appeal may take some time, the sentences may, therefore, be suspended. Reliance was placed on Abdul Hameed v. Muhammad Abdullah 1999 SCM R 2589, wherein the sentence of five years has been suspended by the Honourable Supreme Court.
4. ' Mr. Ali Azhar Tunio, learned A.A.-G. Has no objection to suspension of sentence in the circumstances of the case.
5. ' Consequently, the applications are allowed and the sentences are suspended. The appellants namely Sikandar Ali, Mashooq Ali and Nazeer Ahmed be released on bail on furnishing surety in the sum of Rs,50,000 each and P.R. Bond in the like amount, to the satisfaction of Additional Registrar of this Court.