FATEH MUHAMMAD vs THE STATE
The applicant Fateh Muhammad filed an application seeking suspension of his sentence and grant of bail pending the disposal of his appeal against his conviction under sections 148, 149, 324, 337-A(i), 337-A(iii), and 337-F(i) of the Pakistan Penal Code 1860, handed down by the Magistrate Section 30, Khushab. The core legal question was whether the applicant was entitled to suspension of sentence and bail given the short duration of the sentence, his advanced age, and the unlikelihood of an early hearing of the appeal. The court held that the applicant made out a case for suspension of sentence considering his advanced age of about 85 years, the short nature of the sentence, the period already undergone, and the delay in the foreseeable hearing of the appeal. The court laid down the principle that a short sentence coupled with advanced age and non-availability of an early hearing of the appeal constitutes sufficient ground for suspending the sentence and releasing the convict on bail pending appeal.
- Can a sentence be suspended and bail granted pending appeal when the sentence is of a short duration?
- Does the advanced age of a convicted person constitute a ground for suspension of sentence and release on bail?
- Is the unlikelihood of an early hearing of an appeal a valid consideration for suspending a sentence?
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-A(iii), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
ORDER
' Applicant Fateh Muhammad through the instant application has sought for suspension of his sentence and admitting .Him to bail pending disposal of the above mentioned appeal.
2. He vide the judgment delivered on 29-3-2004 by Ch. Abdul Hameed, learned Magistrate Section 30, Khushab has been convicted and sentenced as follows:-- ' Under sections 148/ To one year R.I. 149, P.P.C.
' Under section 324,To P.P.C.Two years R.I. And to pay fine Rs,3000 and in default thereof to further S.I.
For two months ' Under section 337- A(i), P.P.C. To one year R.I. And to pay Daman Rs .5 , 000 ' Under section 337- To two years R.I. A(iii), P.P.C. And to pay Arsh as 10% of the Diyat.
' Under section 337- To six months S.I F(i), P.P.C. And to pay Daman Rs .5 , 000 ..
3. Learned counsel for the applicant contends that the sentence is short and that he has suffered about 3-1/2 months sentence out of the same; that he is aged about 85 years as is reflected from the impugned judgment ; and that there is no likelihood of earlier hearing of his appeal in the near future.
4. Learned counsel for the State has opposed the petition.
5. I have considered the submissions made by both the sides and perused the copy of the impugned judgment.
6. It has been mentioned in the impugned judgment that the applicant is aged about 85 years.
7. His sentence is also short. He out of the same statedly had undergone at least 3-1/2 months sentence. There is no likelihood of early hearing of his appeal in the near future.
8. I, therefore, find that case for suspension of his sentence has been made out. The application, therefore, is accepted and his sentence is suspended and he pending disposal of the appeal is admitted to bail subject to his furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned trial Court.