' C.M. No.1 of 2003 ' Through this petition, the petitioner has sought for the suspension of his conviction and sentence dated 23-10-2002 passed by the learned Additional Sessions Judge, Lahore, whereby the petitioner was convicted under sections 6/9(c) of C.N.S.A. And sentenced to 8 years' R.I. With a fine of Rs.50,000 in default to suffer S.I. For one year.
2. It is contended by the learned counsel for the petitioner that the impugned conviction and sentence passed by the learned trial Court is against law and facts; that the prosecution has miserably failed to bring home the charge against the petitioner beyond any shadow of doubt; that the petitioner has already undergone his sentence for a period of five years as is obvious from the report of Superintendent Central Jail, Lahore; that it will take long time to decide the appeal of the petitioner.
3. On the contrary the learned State counsel strongly opposed the petition.
4. Heard both the parties. Record perused.
5. Sine:: the petitioner has already undergone for a period of five years as is obvious from the report of Superintendent of Central Jail, Lahore. The contentions raised by the learned counsel for the petitioner need further probe and determination, therefore, we suspend the conviction and sentence awarded to the petitioner subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate.