FAROOQ NAWAZ vs STATE, etc.s
This criminal miscellaneous petition was filed by the convict, Farooq Nawaz, seeking suspension of his sentence of four years and six months rigorous imprisonment, imposed following his conviction under Section 9-C of the Control of Narcotic Substances Act 1997. The core legal question before the Court was whether the sentence should be suspended pending the final adjudication of the main appeal, given the short duration of the sentence and the likelihood that the appeal would not be heard before the sentence was fully served. The Court observed that the petitioner had remained on bail throughout the trial without any allegation of misuse of that concession. Holding that the petitioner might serve the entire sentence before the appeal is decided—effectively rendering the appeal infructuous and amounting to punishment in advance—the Court allowed the petition. The key principle laid down is that where a sentence is short and the main appeal is unlikely to be heard in the near future, the suspension of sentence is appropriate to prevent the appeal from becoming infructuous, provided the petitioner did not misuse bail during the trial.
- Can a sentence be suspended if the main appeal is unlikely to be heard before the sentence is served?
- Does the fact that a convict remained on bail during trial without misuse support a request for suspension of sentence?
- Is it a valid ground for suspension of sentence that the appeal might become infructuous due to the short duration of the sentence?
- Section 9-C, Control of Narcotic Substances Act 1997
- Section 382-B, Code of Criminal Procedure 1898
ORDER
' Farooq Nawaz, convict/applicant seeks suspension of his sentence in case/FIR No, 32/2013, dated 05.02.2013, offence under Section 9-C of Control of Narcotic Substances Act 1997, registered at Police Station City B Division, Rahim Yar Khan. Vide judgment dated 10.06.2016, delivered by learned Addl: Sessions Judge, Rahim Yar Khan, the petitioner was convicted and sentenced as under:-- Under Section 9-C of Control of Narcotic Substances Act 1997 ' "Sentenced for 04 years and six months rigorous imprisonment and fine of Rs, 20,000/- and in case of default in payment of fine, he shall further undergo five months simple imprisonment. The benefit of Section 382-B, Cr.P.C. Is given to the convict."
2. After hearing the learned counsel for the petitioner, the learned Deputy Prosecutor General and perusing the record, it is observed that the petitioner/appellant was convicted and sentenced as stated above. There is no chance of fixation of the main appeal of the petitioner in the near future.
The petitioner remained on bail during his trial and there is no allegation that he misused the concession of bail during his trial. Since the sentence awarded to petitioner is short one, therefore, chances' cannot be ruled out that the petitioner may serve out his entire sentence before the decision of his case on merits which will amount to awarding him punishment in advance and the purpose of filing the main appeal of the petitioner before this Court shall become infructuous.
Resultantly, the instant petition is allowed the sentence awarded to the petitioner/appellant Farooq Nawaz is suspended and he is ordered to be released on bail, subject to his furnishing bail bonds in the sum of Rs, 2,00,000/- (Rupees two lac only) with one surety in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court. Petitioner shall appear before this Court on each and every date of hearing till the final decision of main appeal.