Crl. Misc. No. 1 of 2019 Petitioner Muhammad Ismail was tried by the learned Additional Sessions Judge/MCTC, Layyah, in case FIR No. 74/2019 dated 29-01-2019 registered at Police Station City Layyah. By impugned judgment dated 23.5.2019 he has been convicted under Section 9(c) of the Control of Narcotic Substances Act, 1997, and sentenced to, grigorous imprisonment for four years and six mouths with fine of Rs. 20,000/- and in default there of to undergo simple imprisonment for a further period of five months. Benefit of Section 382-B, Cr .P.C. has, however , been extended to the Petitioner .
2. The Petitioner has filed the above-noted appeal against the judgment of the learned trial Court which is still pending. Through this application the Petitioner seeks suspension of his sentence on the ground that, firstly , the impugned judgment dated 23-05-2019 is based on misreading and non-reading of evidence and is not sustainable.
Secondly , the sentence awarded to him is short.
3. The instant application has been vehemently opposed by the learned Law Of ficer.
4. Arguments heard. Record perused.
5. This appeal has been admitted to regular hearing by this Court to reappraise the evidence and determine whether the learned trial Court has rightly convicted and sentenced the Petitioner in this case. The question as to whether the learned trial Court has misread the evidence would be determined when the main appeal comes up for hearing. It is, however , observed that the sentence awarded to the Petitioner is short, i.e. four years and six months. This appeal pertains to the year 2019 and is not likely to be taken in the near future. Possibility cannot be ruled out that the Petitioner may serve out his entire sentence by the time its turn for hearing comes.
6. In view of above, this application is allowed and the sentence of Petitioner is hereby suspended. He is released on bail subject to furnishing bail bond in the sum of Rs. 200,000/- (Rupees two hundred thousand) with one surety in the like amount to the satisfaction of the learned trial Court.
7. The Petitioner shall attend the Court on each and every date of hearing till the disposal of the main case.