MUHAMMAD NADEEM Versus State Prince Rehan Iftikhar Sheikh

ORDER

Muhammad Nadeem petitioner-appellant by way of the instant petition has sought for suspension of his sentence and release on bail during the pendency of his appeal.

2. The petitioner was tried in case FIR No.262 dated 16.07.2018, offence under section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station City Chichawatni District Sahiwal and vide judgment dated 21.01.2019, passed by the learned Additional Sessions Judge, Chichawatni, the petitioner has been convicted and sentenced as under:-

Under section 9(c) of CNSA, 1997 to imprisonment for four years and six months with fine of Rs.20,000/- and in default thereof to suffer simple imprisonment for five months.

Benefit of section 382-B, Cr.P.C. was also extended to the petitioner/appellant.

3. Arguments heard. Record perused.

4. As per prosecution case, Charas weighing 1440-grams was recovered from the possession of the petitioner. It is evident from the perusal of the impugned judgment of the learned trial court dated 21.01.2019 that the petitioner was arrested in this case on 16.07.2018. As per paragraph No.20 of the judgment, the petitioner was in custody at the time of pronouncement of the impugned judgment passed by the learned trial court and as such the petitioner is behind the bars since the date of his arrest i.e. 16.07.2018. This Court vide order dated 29.04.2019, requisitioned a report from the Superintendent, Central Jail, Sahiwal. As per report dated 20.05.2019, the petitioner has already undergone one year one month and twenty eight days of the sentence of his imprisonment and un-expired portion of imprisonment of the petitioner was three years, four months and two days. A further period of 08 months and 10 days has elapsed from the date of issuance of the above referred report meaning thereby the un-expired period of sentence of the petitioner is 02 years, 07 months and 22 days. Although, the main appeal was filed by the petitioner in the year 2019 but the same could not be decided so far due to heavy backlog, therefore, possibility cannot be ruled out that the petitioner may serve out his remaining sentence before the decision of his main criminal appeal on merits. It will amount to awarding the petitioner punishment in advance. In this respect, we respectfully refer here the case of Abdul Hameed v. Muhammad Ahdullah (1999 SCMR 2589).

5. In the light of above discussion, this miscellaneous petition is allowed, the sentence of the petitioner is suspended and the petitioner Muhammad Nadeem is admitted to bail subject to his furnishing bail bonds in the sum of Rs.200,000/- (Rupees two hundred thousand only) with one surety in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court. The petitioner is directed to appear before this Court on each and every date of hearing of this case.

ADN/M-50/L Sentenced suspended.