GULZAR SHAH vs THE STATE

This matter concerns a petition for leave to appeal against an order passed by the High Court regarding the suspension of the petitioner's sentence. The High Court had previously directed that if the main appeal was not fixed for hearing within four months, the petitioner could renew their application for suspension of sentence. The petitioner approached the Supreme Court, contending that the sentence is short and that upon the expiry of the four-month period, the remaining unserved sentence would be minimal, approximately one month. The Supreme Court disposed of the petition by affirming the petitioner's liberty to repeat the suspension application before the High Court in accordance with the prior order. Furthermore, the Court provided a procedural direction allowing the petitioner to move an application before the Chief Justice of the High Court requesting an early fixation of the main appeal. The decision reinforces the procedural mechanism for seeking expedited hearings in cases involving short sentences where the appeal remains pending, ensuring the judicial process does not render the appeal infructuous due to the completion of the sentence.