Abdul Karim vs State S — 2026 YLR 1820 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2026 YLR 1820 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2026
Reporter: YLR
Parties: Abdul Karim vs State S
Subject matter: Criminal
Provisions referred to: S. 426---C; S. 426---S; S. 9; S. 426; Criminal Procedure Code (V of 1898); Narcotic Substances Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Abdul Karim VS State S. 426---Criminal Procedure Code (V of 1898), S. 426---Suspension of sentence pending appeal---Principles---Scope---Applicant/appellant convicted under S. 9(d) of the Control of Narcotic Substances Act, 1997, and sentenced to rigorous imprisonment along with fine, sought suspension of sentence and release on bail pending the hearing of his criminal appeal---Validity---While dealing with an application for suspension of sentence under S. 426, Cr.P.C. after conviction, the presumption of innocence comes to an end and the-convict stands on a footing different from an under-trial prisoner; the court must look at the merits of the case on a tentative assessment, checking whether there is a patent defect, flagrant error, or reasonable likelihood of success of the appeal, or if the hearing of the appeal is likely to be delayed indefinitely through no fault of the appellant---Record reflected that the trial court had evaluated the evidence properly, and the quantity of narcotics recovered was massive, falling within the prohibitory parameters, with no glaring illegality visible on the face of the record at this stage---Mere delay in the disposal of the appeal by itself is not a ground for suspension unless the applicant makes out a strong prima facie case of hardship or merits---Application for suspension of sentence was dismissed.

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