Crl. Misc No, 1/2011 The petitioner/Uzma Shahzadi was tried in case FIR No, 120/2010, dated 25.3.2010, registered in Police Station Batapur, District Lahore, under Sections 156(1)(8) & 164 of the Customs Act, 1969, by the learned Special Judge, Customs, Taxation and Anti-Smuggling, Lahore, who, vide judgment dated 26.10.2011, convicted her under Section 156(1)(8) of the Customs Act, 1969, and sentenced to three years with fine of Rs,50,000/- and in default thereof to further undergo imprisonment for six months.
2. Through the instant petition, the petitioner has sought suspension of her sentence and release on bail till the final disposal of the main appeal.
3. Learned counsel for the petitioner submitted that the petitioner is a woman and sentence of three years awarded to her is short. He further submitted that there is no likelihood of hearing of the accompanying appeal in near future. He contended that if the sentence of the petitioner is not suspended, the accompanying appeal is likely to become infructuous.
3. Conversely, the learned Standing Counsel has opposed the instant petition on the ground that the present petitioner is involved in four other cases and in case, her sentence is suspended, she will repeat the offence.
4. Arguments heard. Record perused.
5. Admittedly, the sentence of three years awarded to the I petitioner is short and there is least chance of the accompanying appeal being heard during the remaining period of her sentence because hearing of the same is not in sight, as such the whole purpose of filing the appeal would be defeated, in case, the sentence of the petitioner is not suspended.
6. In view of above, the instant petition, filed on behalf of the petitioner/Mst. Uzma Shahzadi, is allowed; her sentence is suspended and she is ordered to be released on bail, subject to furnishing bail bond in the sum of Rs, 1,00,000/-, with one surety, each in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court.