Muhammad Fazil @ Bablo vs The State
The appellants filed a listed application seeking suspension of the operation of the impugned judgment and their release on bail during the pendency of their appeal, on the grounds that their aggregate conviction and sentence was a short term of five years with fine, and that they had already been released on bail in a cross appeal. The core legal question concerned whether the execution of sentence and conviction of a short term could be suspended and the appellants released on bail pending appeal when the State and the complainant offered no objection. The Sindh High Court held that the application should be granted based on the consent of the parties and the short nature of the sentence. The court ordered the suspension of the impugned judgment and the release of the appellants on bail subject to furnishing surety and PR bonds. The key principle laid down is that execution of short-term sentences may be suspended and bail granted pending appeal when there is no opposition from the State and complainant.
- Can the operation of an impugned judgment and sentence be suspended pending the disposal of an appeal?
- Whether an appellant serving a short-term sentence can be released on bail when the State and complainant have no objection?
ORDER
The appellants by way of listed application have sought for suspension of the operation of the impugned judgment and their release on bail mainly for the reason that aggregate conviction and sentence awarded to them being five years with fine is short one and in cross appeal the appellants have already been released on bail.
2. Learned D.P.G for the State and learned counsel for the complainant have recorded no objection to suspension of operation of the impugned judgment and release of the appellants on bail pending disposal of their appeal.
3. Consequently , the operation of impugned judgment is suspended and appellants are ordered to be released on bail subject to their furnishing surety in sum of Rs. 10,000/-each and PR bond in the like amount to the satisfaction of Additional Registrar of this Court.
The listed application is disposed of accordingly .