AMEER and 19 others vs The STATE
This is a criminal miscellaneous application filed by twenty petitioners, including Ameer, seeking suspension of their sentence and release on bail pending the decision of their main appeal before the Peshawar High Court. The core legal question raised was whether a sentence of less than two years warrants the suspension of sentence and grant of bail when the main appeal is not likely to be fixed in the near future and the petitioners have already served a portion of their sentence. The court held that under the given circumstances, the application should be allowed. The key principle laid down is that where a short sentence has been awarded and there is likelihood of delay in the hearing of the main appeal, the sentence may be suspended and the convicts released on bail pending appeal.
- Can a sentence of less than two years be suspended pending the disposal of the main appeal?
- Will a sentence be suspended when the main appeal cannot be fixed for hearing in the near future?
ORDER
1. ' MALIK MANZOOR HUSSAIN, J.---Petitioners seek suspension of sentence on the ground that sentence awarded less than two years and propriety 'demands that till-disposal of main appeal, this sentence should be suspended. As per contention of learned counsel for the petitioners, the petitioners have already undergone six months and there would be no possibility of fixation of main appeal in the near future.
2. ' In view of the circumstances; this Criminal Miscellaneous is allowed and petitioners be released on bail subject to furnishing bail bonds in the sum of Rs,1,00,000 (One lac) with two sureties each in the like amount to the satisfaction of Additional Registrar (Judicial) of this Court. The petitioners are directed to appear on each and every date of hearing of main appeal.