GHULAM HUSSAIN vs THE STATE
The petitioner filed an application seeking the suspension of his sentence of one year and six months' rigorous imprisonment awarded under Section 9-B of the Control of Narcotic Substances Act, 1997, along with a fine, following his conviction for possession of 1 kilogram of Charas by the Additional Sessions Judge, Sargodha. The core legal question was whether a short sentence of imprisonment warrants suspension pending the decision of the main matter. The Lahore High Court held that since the sentence imposed upon the petitioner was short, the application for suspension of sentence should be allowed. The court accordingly ordered the suspension of the petitioner's sentence subject to the furnishing of bail bonds with a surety to the satisfaction of the Deputy Registrar of the court. The key principle laid down is that a short sentence of imprisonment is a valid ground for its suspension pending appeal or final adjudication.
- Can a short sentence of imprisonment be suspended pending the final adjudication of the matter?
- What quantum of sentence qualifies for suspension on the ground of being short in narcotic cases?
- What are the procedural requirements for the suspension of a sentence upon furnishing bail bonds?
- Section 9-B, Control of Narcotic Substances Act 1997
- Section 382-B, Code of Criminal Procedure 1898
ORDER
1. ' The petitioner seeks suspension of his sentence on the ground that it was very short. The petitioner was tried by Syed Parvez Ali Shah, Additional Sessions Judge, Sargodha and vide judgment dated 2-6-2005, he was convicted under section 9-B of Control of Narcotic Substances Act, 1997 and sentenced to one year and six months' R.I. And a fine of Rs,5,000 in default to undergo S.I. For one month. Benefit of section 382-B, Cr.P.C. Was, however, extended in his favour. He was found in possession of 1 Kg. Of Charas.
2. The sentence being short, this is suspended subject to petitioner's furnishing bail bonds in the sum of Rs,25,000 with one surety in the like amount to the satisfaction of the Deputy Registrar (J) of this Court.