Ali Sher vs The State
This matter concerns an application for the suspension of sentence and release on bail pending the hearing of an appeal against a conviction under the Sindh Arms Act. The appellant was convicted by the trial court for the possession of an unlicensed 12-bore country-made pistol and sentenced to one year of rigorous imprisonment, along with a fine. The core legal question before the High Court was whether the sentence should be suspended and the appellant released on bail during the pendency of the appeal, given the relatively short duration of the sentence and the likelihood of delay in the appellate proceedings. The Court held that because the sentence was short and the appeal was unlikely to be heard in the near future, it was appropriate to suspend the operation of the impugned judgment. Consequently, the Court granted the application, ordering the appellant's release on bail subject to the furnishing of surety and a personal recognizance bond. The judgment reaffirms the principle that suspension of sentence is generally appropriate where the sentence is short and the appellate hearing is not imminent.
- Can a sentence be suspended pending the disposal of an appeal if the sentence is of a short duration?
- Is the consent of the State a relevant factor in granting bail pending appeal?
- Does the likelihood of delay in the appellate hearing justify the suspension of a sentence?
- Section 23(i)(a), Sindh Arms Act 2013
ORDER
1. The facts in brief necessary for disposal of instant application is that the appella nt on trial was found guilty for offence punishable u/s 23(i)(a) of the Sindh Arms Act for being in possession of unlicensed country made pistol of 12 bore with three cartridges therefore was convicted and sentenced to undergo R.I for one year with fine of Rs.10,000/- and in case of default whereof to undergo S.I for three months by learned Ist Additional Sessions Judge, Tando Muhammad Khan vide his judgment dated 21.10.2020 which is impugned by the appellant before this Court which is admitted to Regular hearing and in the meanwhile the appella nt has sought for suspension of the operation of impugned judgment and his release on bail by way of listed application.
2. It is contended by learned counsel for the appellant that the conviction and sentence recorded against the appellant is short one and hearing of his appeal is not possible in near future. By contending so, she sought for suspension of the operation of the impugned judgment and release of the appellant on bail.
3. Learned A.P.G for the State has recorded no objection to release of the appellant on bail pending disposal of his appeal.
4. I have considered the above arguments and perused the record.
5. The conviction and sentence recorded against the appellant is short one; hearing of his appeal obviously would take further time; therefore, the operatio n of impugned judgment is suspended. Consequently , the appellant is ordered to be released on bail subject to his furnishing surety in sum of Rs.30,000/- and PR bond in the like amount to the satisfaction of Additional Registrar of this Court.
6. The listed application is disposed of accordingly .