ABDUL RAHEEM alias WALHARI vs The STATE
This criminal miscellaneous application was filed under Section 426 of the Code of Criminal Procedure 1898 by the appellant, Abdul Raheem alias Walhari, seeking suspension of his sentence and release on bail pending the outcome of his main appeal against the judgment dated 11.11.2015 passed by the Sessions Judge, Tando Muhammad Khan. The appellant had been convicted under Section 23(1)(a) of the Sindh Arms Act, 2013 and sentenced to rigorous imprisonment for two years with a fine. The core legal question was whether the appellant was entitled to suspension of sentence and bail on the ground of a short sentence and delay in the hearing of the appeal. The Sindh High Court allowed the application, holding that a two-year sentence falls within the category of a short sentence and that the appellant had already served a significant period in custody while the likelihood of an early hearing of the appeal was remote due to a heavy judicial backlog. The key principle laid down is that the award of a short sentence coupled with the unlikelihood of the appeal being heard in the near future constitutes a sufficient ground for suspending the sentence and releasing the convict on bail during the pendency of the appeal.
- Whether a short sentence of imprisonment is a valid ground for suspension of sentence and release on bail pending appeal?
- Can the High Court suspend a sentence and grant bail under Section 426 of the Code of Criminal Procedure 1898 due to a heavy backlog of pending cases delaying the final hearing?
- What criteria govern the grant of bail when a convict is undergoing a short sentence?
- Section 426, Code of Criminal Procedure 1898
- Section 23(1)(a), Sindh Arms Act 2013
- Section 382-B, Code of Criminal Procedure 1898
ORDER
KHADIM HUSSAIN M. SHAIKH, J.---Through the captioned application under section 426, Cr.P.C, appellant Abdul Raheem alias Walhari seeks his release on bail by way of suspension of the operation of the impugned judgment dated 11.11.2015, passed by the learned Court of Sessions Judge, Tando Muhammad Khan in Sessions Case No,27 of 2015 re: The State v. Abdul Raheem alias Walheri, culminated from FIR No,47/2015 of Police Station Bulri Shah Karim, under section 23(1)(a)
Sindh Arms Act, 2013, whereby the appellant has been convicted and sentenced to suffer R.I. For 02 years with fine of Rs,10,000/- and in default whereof to further undergo S.I. For two months, extending him benefit of section 382-B Cr.P.C.
2. It is, inter alia, contended by the learned counsel for the appellant that the sentence of two years awarded to the appellant is a short sentence; that the appellant is not previous convict and that the appellant is not involved in any criminal case. He, therefore, prays that the sentence awarded to the appellant may be suspended and the appellant may be released on bail.
3. Learned A.P.G. Raises no objection stating that this matter is involving a short sentence of two years and such a short sentence is good ground for release of the appellant on bail.
4. I have considered the arguments advanced by the learned counsel for the appellant and learned A.P.G. For the State.
5. Admittedly, the sentence awarded to the appellant in this case is only for two years, which falls within the ambit of short sentence. The appellant has remained in custody from the date of his arrest i.e, 29.06.2015, as is evident from the impugned judgment dated 11.11.2015. Moreover, due to heavy backlog of the cases pending on the board of this Court, the final hearing of appeal and its decision is not in sight in near future.
6. In view of what is stated above, the instant application is allowed and the sentence awarded to the appellant is suspended during pendency of main appeal and the appellant Abdul Raheem alias Walhari is directed to be released on bail subject to his furnishing solvent surety in the sum of Rs,50,000/- (Rupees fifty thousand) and P.R. Bond in the like amount to the satisfaction of Additional Registrar of this Court.
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