AISH BAHADUR Versus State Altaf Ibrahim Qureshi
This matter comes before the Lahore High Court through an application for suspension of sentence filed on behalf of the petitioner, Aish Bahadur, who was convicted under section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced to seven years' rigorous imprisonment along with a fine. The core legal question concerns whether the petitioner's sentence ought to be suspended and bail granted pending appeal, given that he was not apprehended at the spot and his co-accused brother, tried under the same circumstances, was acquitted by the trial court. The court held that the evidence against the petitioner warrants reconsideration in light of the co-accused's acquittal and the fact that the petitioner was not arrested at the scene. Consequently, the court suspended the sentence and ordered the release of the petitioner on bail, laying down the principle that where a co-accused stands acquitted on grounds that cast doubt on the prosecution case, the appellate court may reconsider the evidence to grant suspension of sentence and bail to a remaining convict.
- Can a sentence be suspended and bail granted pending appeal when the convict was not apprehended at the spot?
- Does the acquittal of a co-accused provide sufficient ground for reconsidering the evidence against a convicted petitioner for the purpose of suspending a sentence?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 302, Pakistan Penal Code 1860
ORDER
This is an application for suspension of the sentence moved on behalf of Aish Bahadur petitioner who has been convicted under section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced to seven years' R.I. and a fine of Rs.20,000 by a learned Additional Sessions Judge, Sahiwal vide judgment dated 7-1-2006.
2. After hearing the learned counsel for the parties and going through the record, we have found that the petitioner was not apprehended at the spot. A brother of the petitioner, namely Ghulam Farid was also .tried along with the petitioner in the case but was acquitted by the learned trial Court mainly on the ground that he had earlier appeared as a prosecution witness against Rao Shafqat Ali, P. W.5 in a case under section 302, P.P.C.
3. In view of the above, the evidence against the petitioner also requires reconsideration. Therefore, we feel inclined to suspend the sentence and release the petitioner on bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 with one surety in the like amount to the satisfaction of the Deputy Registrar (J) of this Court. Order accordingly.
H.B.T./A-46/L Sentence suspended.