' Farooq Nawaz, convict/applicant seeks suspension of his sentence in case/FIR No, 32/2013, dated 05.02.2013, offence under Section 9-C of Control of Narcotic Substances Act 1997, registered at Police Station City B Division, Rahim Yar Khan. Vide judgment dated 10.06.2016, delivered by learned Addl: Sessions Judge, Rahim Yar Khan, the petitioner was convicted and sentenced as under:-- Under Section 9-C of Control of Narcotic Substances Act 1997 ' "Sentenced for 04 years and six months rigorous imprisonment and fine of Rs, 20,000/- and in case of default in payment of fine, he shall further undergo five months simple imprisonment. The benefit of Section 382-B, Cr.P.C. Is given to the convict."
2. After hearing the learned counsel for the petitioner, the learned Deputy Prosecutor General and perusing the record, it is observed that the petitioner/appellant was convicted and sentenced as stated above. There is no chance of fixation of the main appeal of the petitioner in the near future.
The petitioner remained on bail during his trial and there is no allegation that he misused the concession of bail during his trial. Since the sentence awarded to petitioner is short one, therefore, chances' cannot be ruled out that the petitioner may serve out his entire sentence before the decision of his case on merits which will amount to awarding him punishment in advance and the purpose of filing the main appeal of the petitioner before this Court shall become infructuous.
Resultantly, the instant petition is allowed the sentence awarded to the petitioner/appellant Farooq Nawaz is suspended and he is ordered to be released on bail, subject to his furnishing bail bonds in the sum of Rs, 2,00,000/- (Rupees two lac only) with one surety in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court. Petitioner shall appear before this Court on each and every date of hearing till the final decision of main appeal.