' Through this application under Section 426, Cr.P.C. Shafique Masih alias Mian Masih, petitioner/appellant has sought suspension of his sentence awarded to him by the learned Additional Sessions Judge, Vehari vide judgment dated 3.12.2014 whereby he was convicted twicely under Section 9(c) of the Control of Narcotic Substances Act, 1997 and sentenced to imprisonment for four years with fine of Rs. 15000/- or in case of default to undergo further imprisonment for four months S.I. And one year R.I. With fine of Rs. 5000/- or in case of default to undergo further simple imprisonment for three months vide FIR No. 158 dated 26.4.2013 registered at Police Station City, Vehari. Benefit of Section 382-B, Cr.P.C. Was, however, extended to the petitioner/appellant.
2. Learned counsel the petitioner-appellant has argued that the prosecution has not been able to prove its case beyond any reasonable shadow of doubt; that the sentence is short and that there is no likelihood of the fixation of the main appeal in the near future.
3. On the other hand, learned Deputy Prosecutor General has vehemently opposed this petition on the grounds that huge quantity of contraband Charas as well as Heroin was recovered from the possession of the petitioner and that the learned trial Court has already taken lenient view while awarding sentence to the petitioner-appellant.
4. Arguments heard. Impugned judgment has been perused.
5. The petitioner is the first offender. In these circumstances, when the sentence is short and there is no likelihood of fixation of the main appeal in the near future, we are inclined to allow this petition and suspend the sentence awarded to Shafiq Masih alias Mian Masih, petitioner-appellant. He is directed to be released from custody subject to his furnishing bail bonds in the sum of Rs.
1,00,000/- with two sureties each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Bench. He will keep on appearing before this Court on each and every date of hearing in future.