MAHMOOD IQBAL vs THE STATE

The petitioner, Mahmood Iqbal, convicted under various provisions of the Drugs Act, 1976 and sentenced to terms ranging from two months to five years rigorous imprisonment, sought the suspension of his sentence and grant of bail pending appeal under section 426 of the Code of Criminal Procedure 1898. The Lahore High Court considered the brevity of the sentence awarded and the likelihood that the main appeal would take considerable time for final adjudication. Consequently, the court held that where a convict is undergoing a short sentence and the appeal is not expected to be heard promptly, the sentence ought to be suspended. The court decided to suspend the petitioner's sentence and admitted him to bail subject to furnishing the requisite security. The key principle laid down is that the suspension of a short sentence during the pendency of an appeal is a proper exercise of judicial discretion when the hearing of the appeal is likely to be delayed.