Aish Bahadur vs The State
This matter arises from an application for suspension of sentence filed on behalf of the petitioner, Aish Bahadur, who was convicted under Section 9(c) of the Control of Narcotics Substances Act, 1997 and sentenced to seven years' rigorous imprisonment along with a fine by the trial court. The core legal question concerns whether the petitioner's sentence should be suspended and bail granted pending appeal, given that the petitioner was not apprehended at the spot and a co-accused brother was acquitted under notable circumstances. The court held that the evidence against the petitioner requires reconsideration, thereby inclining to suspend the sentence and release the petitioner on bail. The key principle laid down is that where a co-accused has been acquitted on grounds that cast doubt on the prosecution's case, and the accused was not apprehended at the spot, the sentence may be suspended and bail granted pending the final outcome of the case.
- Whether the sentence of a convict can be suspended when he was not apprehended at the spot?
- Does the acquittal of a co-accused provide sufficient ground for the reconsideration of evidence against the remaining petitioner for the purpose of bail?
- Under what circumstances may the appellate court suspend a sentence of imprisonment during the pendency of the matter?
- Section 9(c), Control of Narcotics Substances Act 1997
- Section 302, Pakistan Penal Code 1860
ORDER
This is an application for suspension of the sentence moved on .Behalf of Aish Bahadur petitioner who has been convicted under Section . 9(c) of the Control of Narcotics Substances Act, 1997 and sentenced to seven years' R.I. And a fine of Rs. 20,000/- by a learned Additional Sessions Judge, Sahiwal vide judgment dated 1A .2006.
2. After hearing the learned counsel for the parties and going through the record, we have found that the petitioner was not apprehended at the spot. A brother of the petitioner, namely Ghulam Farid was also tried alongwith the petitioner in the case but was acquitted by the learned Trial Court mainly on the ground that he had earlier appeared as a prosecution witness against Rao Shafqat Ali, PW.5 in a case under Section 302. P P C.
3 in view of the above, the evidence against the petitioner also requires reconsideration. Therefore1, we feel inclined to suspend the sentence and release the petitioner on bail subject to his furnishing bail bonds in the sum of Rs. 1,00, 000/- with one surety in the like amount to the satisfaction of the Deputy Registrar (J) of this Court. Order accordingly. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.