MUHAMMAD RAFIQ vs THE STATE
This matter involves an appeal against conviction where the appellant sought the suspension of a short sentence during the pendency of the appeal. The core legal question concerns the propriety of suspending a short sentence upon the furnishing of appropriate sureties. The court decided to admit the appeal for regular hearing and allowed the criminal miscellaneous application, ordering the suspension of the petitioner's sentence subject to furnishing bail bonds. The key principle laid down is that appellate courts may suspend short sentences pending appeal upon the provision of satisfactory security to the satisfaction of the trial court.
- Can a short sentence be suspended during the pendency of an appeal against conviction?
- What are the requirements for suspending a sentence upon the admission of an appeal?
ORDER
' Appeal against conviction. Admit. Notice. Record.
' Criminal Miscellaneous No.1 of 2006.
2. Notice to State for today.
3. Sh. Arshad Ali, Advocate has appeared on behalf of the State on Court's call and accepts notice.
4. Since the sentence is short, the same is therefore, suspended on petitioner's furnishing bail bond in the sum of A Rs.20,000 with one surety in the like amount to the satisfaction of learned trial Court.