MUHAMMAD IQBAL vs THE STATE
Through this criminal miscellaneous petition, the petitioner sought the suspension of his sentence of imprisonment and release on bail during the pendency of his criminal appeal before the Lahore High Court. The core legal question pertained to whether the petitioner's conviction and sentence warranted suspension given the lack of recovery from his possession, his implication solely on a co-accused's disclosure, and the vague testimony of the prosecution witness regarding the alleged sale of narcotics. The court held that the petitioner's culpability required serious reconsideration at the hearing of the main appeal, noting further that the awarded sentence was relatively short and the appeal was unlikely to be fixed for regular hearing in the near future. Consequently, the petition was allowed, the sentence suspended, and the petitioner admitted to bail. The key principle laid down is that where no recovery is effected from the accused, the prosecution evidence regarding identification and sale remains vague, the sentence is short, and an early hearing of the appeal is unlikely, suspension of sentence and grant of bail pending appeal is justified.
- Whether suspension of sentence and grant of bail can be allowed when no recovery is effected from the accused?
- Does implication solely on the disclosure of a co-accused warrant the suspension of a sentence during the pendency of an appeal?
- Is the likelihood of a delay in the regular hearing of a short sentence a ground for granting bail?
ORDER
Criminal Miscellaneous No,1 of 2004.
' Through this miscellaneous petition Muhammad Iqbal petitioner-appellant has sought suspension of his sentence of imprisonment and release on bail during the pendency of his appeal before this Court.
2. After hearing the learned counsel for the parties and going through the impugned judgment passed by the learned trial Court we have observed that admittedly nothing had been recovered from the petitioner's possession and the petitioner had been implicated only upon a disclosure made by a co-accused during police custody. Alam Khan DFC (P.W.6) had maintained before the learned trial Court that he and a Police Officer had seen the petitioner selling narcotics to his co- accused but both of them had managed to slip away and nothing had been recovered at that occasion. Admittedly the said witness had not seen any passing of money on that occasion and he had also not specified the narcotic substance being sold at that time. In these circumstances the question regarding culpability of the petitioner requires serious re-consideration at the time of hearing of the main appeal. Even to otherwise the sentence of imprisonment passed against the petitioner A by the learned trial Court is relatively short and there is no likelihood of fixation of the main appeal for regular hearing in the near future. This miscellaneous petition is, therefore, allowed, the sentence of imprisonment passed by the learned trial Court against the petitioner is suspended and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs,50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.
Cited by 2 cases
- RIZWAN and anothers vs FEDERATION OF PAKISTAN through Secretary 2013 YLR 520
- MUBARAK ALI vs THE STATE 2009 PLD Lahore 632