MUHAMMAD MAHBOOB vs STATE and another
This matter comes before the Lahore High Court through a criminal miscellaneous application filed by Muhammad Mahboob seeking suspension of sentence and release on bail pending appeal. The applicant was tried and convicted under Section 9-C of the Control of Narcotic Substances Act, 1997, and sentenced to two years' imprisonment with a fine. The core legal question concerns whether a convict undergoing a short sentence who has already served a substantial portion thereof, and whose appeal is not likely to be heard early, is entitled to suspension of sentence and bail. The court held that since the applicant has served almost half of his short sentence, has no previous criminal record, and the main appeal is unlikely to be fixed for hearing early, the application should be allowed. The court laid down the principle that the suspension of a short sentence and grant of bail pending appeal is justified where a substantial portion of the sentence has already been undergone and expeditious disposal of the main appeal is improbable.
- Whether a convict is entitled to suspension of sentence and bail when a substantial portion of a short sentence has already been served?
- Does the unlikelihood of an early decision on the main appeal justify releasing a convicted person on bail?
- Can a sentence awarded under the Control of Narcotic Substances Act, 1997 be suspended pending appeal?
- Section 9-C, Control of Narcotic Substances Act 1997
- Section 382-B, Code of Criminal Procedure 1898
ORDER
Crl. Misc. No, 1 of 2012 The applicant Muhammad Mahboob seeks suspension of sentence and release on bail in case wherein he was tried under Section 9-C, Control of Narcotic Substances Act, 1997, sentenced to imprisonment for 2 years alongwith fine of Rs,50,000/-, in default whereof further imprisonment of three-months SI and benefit of Section 382-b, Cr.P.C. was also extended through judgment passed by the learned Judge Special Court CNSA, T.T.Singh on 14.12.2011 in case FIR No, 395 dated 22.7.2011 registered at P.S. Rajana District T.T.Singh.
2. The applicant was arrested on 22.7.2011 and since then he is behind the bars.. The appeal filed in the current year has not yet been decided on merits and there is no likelihood of early fixation and decision of the main appeal. The applicant has no previous record and almost half of the sentence has been served out by the applicant. The sentence awarded to him is short, hence is entitled to be released on bail.
3. Resultantly, without commenting upon the merits of the case, this application is allowed, sentence awarded to the application is suspended and he is ordered to be released 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 Deputy Registrar (Judicial) of this Court.