This matter arose from an application seeking the suspension of sentence and grant of bail to the appellant during the pendency of his criminal appeal. The core legal question was whether the High Court has the power to suspend a short sentence of five years' imprisonment and grant bail during the pendency of an appeal against a conviction passed by an Anti-Terrorism Court. The Deputy Prosecutor-General opposed the application, contending that the inherent powers under Section 561-A Cr.P.C. do not apply to cases decided by Anti-Terrorism Courts. Relying upon precedent where sentences in Anti-Terrorism and Special Court matters were suspended, the Sindh High Court granted the application. The Court held that considering the short duration of the five-year sentence and the likelihood that the disposal of the main appeal would take time, the sentence should be suspended. The key principle laid down is that a short sentence of imprisonment passed in anti-terrorism matters may be suspended and bail granted where the final disposal of the appeal is likely to take time.
1. ORDER Counsel for the appellant seeks suspension of the sentence on the ground that the punishment was awarded to the extent of five years, which is a short sentence and the disposal of main appeal would take some time, therefore he requests for grant of bail while suspending the sentence.
2. Mr. S. Meeral Shah, learned D.P.-G. Opposed the suspension of sentence on the ground that provisions of section 561-A, Cr.P.C. Do not apply in the case which has been decided by Anti- Terrorism Court.
3. Counsel for the appellant relied upon the case of Nadeem Umar v. State 1999 PCr.LJ 606 (Karachi), which pertains to punishment awarded by the Special Judge for Suppression of Terrorist Activities and Allah Din v. Special Judge, Anti-Terrorism Court No.1 (PLD 2008 Lahore 74), in which the High Court had suspended the sentence in Anti-Terrorism matter.
4. Keeping in view the short sentence and that disposal of this appeal may take some time, the sentence awarded to the appellant is suspended. Let the appellant be released on bail upon furnishing surety in the sum of Rs.200,000 (Two Lac) and P.R. Bond in the like amount to the satisfaction of the Additional Registrar of this Court.