MUNEER AHMED and 2 others vs THE STATE
This criminal appeal concerns an application for the suspension of sentence filed by three appellants who were convicted under the Control of Narcotic Substances Act, 1997, and sentenced to three years of rigorous imprisonment along with a fine of Rs. 25,000 each. The core legal question before the Sindh High Court was whether the sentence of the appellants should be suspended pending the final adjudication of their appeal, given the short duration of the sentence and the time already served. The appellants argued that the appeal was unlikely to be heard in the near future and that they had already remained incarcerated for over two months. The learned State Counsel did not oppose the request for suspension. Consequently, the Court allowed the application, holding that the sentence of the appellants should be suspended during the pendency of the appeal. The Court directed the release of the appellants subject to the furnishing of solvent surety in the sum of Rs. 50,000 each and a personal recognizance bond in the like amount to the satisfaction of the Additional Registrar of the Court.
- Can a sentence be suspended pending the final hearing of a criminal appeal?
- Does the lack of objection from the State Counsel influence the court's decision to suspend a sentence?
- What are the requirements for the suspension of a sentence in a narcotics case?
- Section 9(b), Control of Narcotic Substances Act 1997
ORDER
1. ' It is stated that the appellants were convicted under section 9(b)> C.N.S. Act, 1997, to undergo R.I.
2. For three years and fine of Rs,25,000 and in lieu thereof further R.I. For three months more.
3. ' It is stated by the learned counsel that the sentence is short and appellant has remained behind bar for over two months. The appeal is not likely to be heard and decided.
4. ' Under circumstances learned State Counsel has no objection for the suspension of the sentence.
5. ' The sentence is suspended, however, subject to furnishing solvent surety in the sum of Rs,50,000 (Fifty thousand) each and P.R. Bond in the like amount to the satisfaction of Additional Registrar of this Court.
6. Application disposed of.
Cited by 1 case
- JAWWAD KHAN alias JAVED vs THE STATE 2010 YLR 1810