MUHAMMAD RAMZAN and anothers vs THE STATE
This matter concerns a criminal revision application filed by the applicants seeking the suspension of their sentence pending the final adjudication of their revision petition. The applicants, who were awarded a short sentence of nine months, argued that there was no reasonable likelihood of their revision application being heard and decided in the foreseeable future. The court considered the duration of the sentence and the delay in the appellate process. Upon review, the court held that in the circumstances, the suspension of the sentence was warranted. Consequently, the court granted the application, suspended the sentence, and directed the applicants to be released on bail, subject to the furnishing of surety in the sum of Rs. 50,000 each and a personal recognizance bond in the like amount to the satisfaction of the Additional Registrar of the Court. The key principle established is that where a sentence is short and the appellate or revisional hearing is unlikely to occur in the near future, the court may exercise its discretion to suspend the sentence and grant bail to the applicants.
- Can a court suspend a short sentence if the revision application is unlikely to be heard in the foreseeable future?
- What is the standard procedure for granting bail upon the suspension of a sentence in a revision application?
ORDER
1. 1.Defendent for the time being.
2. 2.Adjourned .
3. 3.By The application learned counsel for the application has approached this court. For suspension of sentence awarded to the applicants.
4. It has been contended by the learned counsel for the applicants that the sentence is short i.e. To the extent of nine months and there is no likelihood of the revision application to be heard and decided in a foreseeable future.
5. ' In the circumstances the application is granted, sentence is suspended and the applicants are directed to be released on bail on furnishing surety in the sum of Rs.50,000 each and P.R. Bond in the like amount to the satisfaction of Additional Registrar of this Court.
6. ' Miscellaneous Appeal No.295 of 2004 stands disposed of.