' This is an application under section 426, Cr.P.C. On behalf of Fayyaz Masih petitioner for suspension of sentence and grant of bail recorded by the learned Additional Sessions Judge, Islamabad through judgment, dated 26-10-2005, whereby, he was found guilty for commission of offence under section 9-B of the Control of Narcotic Substances Act, 1997 and was sentenced to undergo R.I. For six months with fine of Rs,2,000 in default whereof it was ordered that he shall further undergo R.I. For one month. Benefit of section 382-B, Cr.P.C. Was also granted.
2. The allegation against the petitioner was that Charas weighing 400 grams was recovered from petitioner's possession on 13-10-2004 and consequently, F.I.R. No,251, dated f3-10-2004 under section 9-B of Control of Narcotic Substances Act (XXV of 1997) was registered at Police Station Kohsar, Islamabad.
3. The learned counsel for the petitioner contended that the sentence is short and it will take sometime in disposal of the appeal that the petitioner has already served 1 month and 16 days approximately in jail; that the allegation that he was found in possession of 400 grams of Charas is false. Conversely, the bail has been opposed by the learned State counsel on the ground that the petitioner was having in his possession 400 grams of Charas. He has been convicted by a competent Court of law, therefore, the initial presumption of innocence is not available to him and as such he is not entitled for grant of bail.
4. Arguments heard. Record perused.
5. The petitioner was arrested on 13-10-2004 in F.I.R. No,251 registered under section 9-B of Control of Narcotic Substances Act, 1997 with Police Station Kahosar, Islamabad on the allegation that 400 grams of Charas was recovered from him. According to the learned counsel for the petitioner, he was allowed bail by the trial Court after 15 days of his arrest. He had been convicted and sentenced to undergo R.I. For six months vide judgment, dated 28-10-2005. He has served out imprisonment for one month and 16 days after his conviction meaning thereby that he has served sentence of one month and 16 days. He has already been given the benefit of section 382-B, Cr.P.C.
Since the sentence is short, therefore, without going deep into the merits of the case, we accept this petition. By suspending the sentence, the petitioner is enlarged on bail subject to his furnishing bail bonds in the sum of Rs,50,000 with one surety of the like amount to the satisfaction of the trial Court/Duty Judge.