PLJ 2022 Cr.C. (Note) 130
Criminal Procedure Code, 1898 (V of 1898)--
----S. 426--Suspension of sentence--Petitioner had been convicted and sentenced by trial Court to rigorous imprisonment for four years and six months alongwith fine of Rs. 20,000/---The petitioner is behind bars from day one of registration of case and has served out almost half of his substantial sentence--This appeal relates of year 2021 and there is no prospect of early hearing of appeal--In intervening period, there is every likelihood that petitioner shall serve out whole of his sentence--Petition allowed. [Para 3] A
Mr. Faisal Bashir Ch., Advocate for Petitioner.
Mr. Shahid Aleem, Addl. Prosecutor General for State.
Date of hearing: 9.5.2022.
PLJ 2022 Cr.C. (Note) 130
[Lahore High Court, Multan Bench]
Present: Asjad Javaid Ghural and Ali Zia Bajwa, JJ.
MUHAMMAD AFZAL--Appellant
versus
STATE etc.--Respondents
Crl. A. No. 480 of 2021, Crl. Misc. No. 1 of 2022, decided on 9.5.2022.
Order
Through this petition under Section 426, Cr.P.C. petitioner Muhammad Afzal has sought the suspension of his sentence awarded to him by the learned Additional Sessions Judge, Dera Ghazi Khan vide judgment dated 23.06.2021 in case FIR No. 98/20 dated 09.06.2020 in respect of an offence under Section 9-C of the Control of Narcotic Substances Act 1997, registered at Police Station Sakhi Sarwar, District D.G. Khan whereby he was convicted and sentenced to rigorous imprisonment for four years and six months alongwith the fine of Rs. 20,000/- and in default thereof, to further undergo simple imprisonment for five months. He was held entitled to the benefit of Section 382-B, Cr.P.C.
2. We have heard learned counsel for the petitioner and the learned Deputy Prosecutor General appearing for the State and have perused the record.
3. The petitioner had been convicted and sentenced by the learned trial Court on 23.06.2021 to the rigorous imprisonment for four years and six months alongwith the fine of Rs. 20,000/-. The petitioner is behind the bars from the day one of registration of case i.e. 09.06.2020 and has served out almost half of his substantial sentence. This appeal relates of year 2021 and there is no prospect of early hearing of the appeal. In the intervening period, there is every likelihood that the petitioner shall serve out the whole of his sentence.
4. In view of what has been noted above, the petition in hand is allowed and sentence of the petitioner is hereby suspended till the final decision of the appeal subject to his furnishing bail bonds in the sum of Rs. 2,00,000/- with one surety in the like amount to the satisfaction of the Deputy Registrar (J) of this Bench. The petitioner is directed to appear in the Court on each and every date of hearing in his appeal.
(A.A.K.) Petition allowed
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