ABDUL REHMAN vs STATE
The petitioner-convict sought the suspension of his sentence and grant of bail under Section 426 of the Code of Criminal Procedure 1898 pending his criminal appeal before the Lahore High Court, having been convicted under Section 9(c) read with Section 15 of the Control of Narcotic Substances Act 1997. The core legal question was whether the petitioner was entitled to statutory suspension of sentence and bail given the duration of his incarceration and the pending status of his appeal. The Lahore High Court held that since the petitioner had served more than one-third of his sentence and his appeal had remained pending for over two years without being decided, his case fell within the purview of Section 426(1-A)(c) of the Code of Criminal Procedure 1898, as he was not a hardened, desperate, or dangerous criminal. The court laid down the principle that an unconvicted appellant who has served the statutory fraction of his sentence and whose appeal has been delayed without fault on his part is ordinarily entitled to suspension of sentence and bail under the statutory provisions.
- Is a convict entitled to suspension of sentence and bail under Section 426(1-A)(c) of the Code of Criminal Procedure 1898 if his appeal is not decided within two years?
- Does the possession of a large quantity of narcotics automatically render an accused a hardened or dangerous criminal disentitling them to bail under Section 426 Cr.P.C.?
- Can the sentence of a convict be suspended on statutory grounds after serving more than one-third of the awarded imprisonment?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 15, Control of Narcotic Substances Act 1997
- Section 426, Code of Criminal Procedure 1898
- Section 426(1-A)(c), Code of Criminal Procedure 1898
ORDER
Petitioner-convict Abdul Rehman S/o Ahmad Khan who was convicted along with another vide judgment 17.11.2009 passed by the learned Additional Sessions Judge, Faisalabad in case FIR No, 09 dated 8.12.2005 registered under Section 9(c) read with Section 15 of Control of Narcotic Substances Act, 1997 at Police Station Anti Narcotic Force, Faisalabad who allegedly was found in possession of 22 Kg Charas and 900 grams Opium and sentenced to undergo imprisonment for life with fine of Rs,2,00,000/- and in default of payment thereof to undergo further simple imprisonment; for six months, has moved this petition under Section 426, Cr.P.C. for the grant of bail by suspending his sentence.
2. Learned counsel for the petitioner out rightly argued that the petitioner was convicted and sentenced on 17.11.2009 and since then his appeal is pending before this Court which so far has not been decided thus, he is entitled for concession of bail after suspension of his sentence under Section 426 (1-A)(c), Cr.P.C. It was further argued that case of the petitioner does not fall within the proviso annexed to the section ibid. Learned counsel agitates that co-accused of the petitioner who was the main culprit was awarded only five years R.I. sentence by the trial Court which is illegal. Prayed that this petition be allowed on statutory ground.
3. Learned Special Prosecutor for ANF on the other hand, has opposed this petition on the grounds that the petitioner was found in possession of 22 Kg Charas and 900 grams Opium and after 'due trial he 'was convicted therefore, in the circumstances, he is not entitled for any concession as he is a dangerous criminal and his case falls within the ambit of proviso annexed to Section 426 (1-A)(c), Cr.P.C.
4. We have heard the "learned counsel for the parties and perused the record.
5. Admittedly the petitioner was convicted and sentenced on 17.11.2009 and he filed appeal before this Court through Superintendent, Central Jail, Faisalabad on 23.12.2009 which is still pending and it has not so far been disposed of. According to the report of Superintendent, Central Jail, Faisalabad the petitioner remaining sentence is 10 years and five months and his probable date of release is 11.10.2012 if fine is paid. He has almost served out more than 1/3rd of his sentence. Even otherwise his case is also covered under Section 426 (1-A)(c), Cr.P.C. as his appeal is pending since last more than two years and so far has not been decided. There is no record of the previous conviction of the petitioner in any such like case nor he in any stretch of imagination can be termed as hardened, desperate or dangerous criminal. In these circumstances while allowing this petition sentence of the petitioner passed by the learned trial Court vide judgment dated 17.11.2009 is suspended and he is directed to be released on bail subject to his furnishing the bail bonds in the sum of Rs, 2,00,000/- each with two sureties each in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court. He will keep on appearing before this Court on each and every date of hearing in future.