IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Appeal No. 344 of 2023
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE |
For hearing of M.A.No. 8135/2023
21.08.2023
Mr. Shoukat Ali Shehroze advocate for the appellant
Peer Muhammad Shah DAG
-.-.-.-.-.-.-.-.
Through
M.A. No.8135 of 2023, the appellant seeks suspension of sentence and his
release on bail on the ground that the sentence awarded to him by the trial
Court is short one and the appeal will take sufficient time in its disposal. It
is further contended that at the time of pronouncement of Judgment, the
appellant was on bail.
DAG
recorded his no objection for suspension of sentence on the ground that the
sentence awarded to appellant is short one.
Admittedly,
the appellant was tried by learned
Judge, Drugs Court of Sindh at Karachi in Case No. 65/2010. After regular
trial, vide judgment dated 13.07.2023, appellant was convicted under Sections
23(1)(a)(i)(iii)(v)(vii) punishable under Section 27(1)(a) of Drugs Act and
sentenced to suffer 03 years R.I and to pay fine of Rs.100,000/- and in case of
default he was ordered to suffer 06 months R.I. Appellant was also convicted
under Section 27(4) of Drugs Act for offence under section 23(1)(c) &
contravention of Sindh Drugs Rules and sentenced to pay fine of Rs.50,000/- and
in default to suffer 02 months R.I. Appellant was extended benefit of section
382(b) Cr.P.C. The sentence is a
short sentence and there is no likelihood that the instant appeal may be heard
and decided in near future, keeping in view the heavy backlog of the cases
pending in this Court. Moreover, there are number of authorities in which the
sentence awarded to the accused being short one has been suspended. In the case
reported as Abdul Hameed v. Muhammad Abdullah (1999 SCMR 2589), wherein
the sentenced of five (05) years has been suspended by the Apex Court. The
relevant portion is reproduced as under:
"Petitioner/convict was sentenced to three years' R. I. with fine
by Trial Court, but Appellate Court below enhanced sentence of petitioner to
five years' R.I. ---Petitioner filed appeal against his conviction and sentence
before High Court along with petition for suspension of sentence, but High
Court declined to suspend sentence of petitioner--Validity---Since sentence
awarded to petitioner was short and was enhanced by Appellate Court below, case
was fit in which High Court should have exercised its discretion in favour of
petitioner / convict--- Supreme Court converted petition for leave to appeal
into appeal and admitted petitioner to bail."
Accordingly, the application is allowed,
the conviction and sentence awarded to the appellant is hereby suspended till
the disposal of main appeal and he is released on bail subject to his
furnishing solvent surety in the sum of Rs.50,000/- (Rupees Fifty Thousand
Only) and P.R. Bond in the like amount to the satisfaction of Nazir of this
Court.
JUDGE
JUDGE