1. Urgent application disposed of.
2. Office objections shall considered at the time of hearing.
3. Exemption is granted subject to all just exceptions.
4. ABDUL MAALIK GADDI, J.---Through this appeal, the appellant has challenged the judgment dated 20.11.2018 passed by the learned Special Judge Anti Terrorism Shaheed Benazirabad and Sanghar at Nawabshah in Special Case No.38 of 2017, whereby learned trial court after full dressed trial convicted and sentenced the appellant in Crime No.254 of 2017 under sections 431, 341, 427, 151, 152, 504, 186, 189, 147, 148, 398, 337-L(2), P .P.C . read with sections 6/7 Anti-Terrorism Act of Police Station Sakrand District Shaheed Benazirabad, for two years without awarding any fine.
The appeal being statutory right of the appellant, is hereby admitted to regular hearing. Issue notice to APG. Call R & Ps and prepare paper book.
5. Through this application, the appellant seeks suspension of sentence and his release on bail on the ground that sentence awarded to him by the trial court is short one of two years and appeal will take sufficient time in its disposal. It is further contended that at the time of pronouncement of judgment, the appellant was on bail.
Ms. Sobia Bhatti, APG for the state present in court in some other matters, waives the notice of this application and recorded her no objection for suspension of the sentence on the ground that sentence is short one and appellant was convicted under bailable offence.
Admittedly, the appellant was convicted and sentenced to suffer R.I for two years by the trial court vide judgment dated 20.11.2018 which is short sentence and there is no likelihood that instant appeal may be heard and decided in near future due to backlog cases in the court, keeping in view the heavy backlog of cases pending in this Court. Moreover, there are number of authorities on this point in which the sentence awarded to the accused being short one has been suspended.
Accordingly, the application is allowed, the conviction and sentence awarded to the appellant is hereby suspended and he is released on bail subject to his furnishing solvent surety in the sum of Rs.50,000/- (Rupees Fifty thousand only) and PR Bond in the like amount subject to the satisfaction of Additional Registrar of this court.