Ghulam Qadir Tunio & Others vs The State
This criminal appeal arises from the conviction and sentencing of the appellants to terms aggregating two years by the Additional Sessions Judge/MCTC, Qamber. The appellants filed an appeal against their conviction and simultaneously sought the suspension of their sentences and release on bail pending the final adjudication of the appeal. The core legal question was whether the appellants were entitled to suspension of sentence and bail given the short duration of the sentence, the likelihood of delay in the appeal hearing, and the fact that they had remained on bail during the trial. The Court, noting that the State did not oppose the application, held that the sentence should be suspended. Relying on the principle established in Abdul Hameed v. Muhammad Abdullah and others (1999 SCMR 2589), the Court suspended the sentences and admitted the appellants to bail, subject to the furnishing of surety bonds. The key principle affirmed is that where a sentence is short and the appeal is unlikely to be heard immediately, suspension of sentence and grant of bail is appropriate, particularly when the accused enjoyed bail during the trial.
- Can a sentence be suspended and bail granted to a convict pending the hearing of their appeal?
- Is the fact that an accused enjoyed bail during the trial a relevant factor for granting bail after conviction?
ORDER
1. Heard arguments.
2. The appellants after due trial have been convicted and sentenced to various terms, aggregate sentence whereof is spreading over two years each with fine/daman, by learned 1 Additional Sessions Judge/MCTC, Qamber , vide judgment dated 30.10.2021, which is impugned by them before this Court by preferring the instant appeal from jail, which has been admitted to regular hearing and in the meanwhile they have sought for suspension of their sentence and their release on bail, mainly for the reason that the sentence awarded is short one; hearing of appeal is likely to take time and they were enjoying the concession of bail at trial, which is not opposed by learned Addl.P .G for the State, who is assisted by the complainant.
3. In view of above, while relying upon case of Abdul Hameed Vs. Muhammad Abdullah and others (1999 SCMR 2589 ), the sentence to the appellants is suspended, consequently , they are admitted to bail subject to their furnishing surety in sum of Rs.30,000/- each and P.R bond in the like amount to the satisfaction of Additional Registrar of this Court.
4. The listed application (M.A. No.7401/2021) is disposed of accordingly .