Pakistan Case Law
2005 YLR 1574(1)

Mst. MUNAWAR BIBI vs THE STATE

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Citation2005 YLR 1574(1)
CourtLahore High Court
Case No.Criminal Miscellaneous No.1 of 2004 in Criminal Appeal No.634 of 2004
Date2004-06-22
Judge(s)M. Bilal Khan, Sh. Abdul Rashid
ResultSentenced suspended
Summary

This matter before the Lahore High Court concerned an application for the suspension of sentence and grant of bail pending appeal. The petitioner, a female convict, was sentenced to two and a half years of rigorous imprisonment and had been continuously incarcerated since 12 April 2004. The primary legal issue before the Court was whether the petitioner was entitled to the concession of suspension of sentence and release on bail during the pendency of her matter on the basis of her gender and period of detention. The High Court ordered the suspension of her sentence and admitted her to bail subject to furnishing bail bonds in the sum of Rs. 20,000 with one surety in the like amount to the satisfaction of the Deputy Registrar (Judicial). The Court affirmed that a female convict serving a relatively short term of rigorous imprisonment may be extended the concession of suspension of sentence and released on bail pending further proceedings.

Questions settled in this judgment
  • Whether the sentence of a female convict sentenced to a short term of rigorous imprisonment can be suspended pending appeal?
  • Whether being a woman serves as a valid ground for the suspension of sentence and grant of bail during incarceration?
  • Whether a convicted person serving a two and a half years sentence is entitled to bail upon furnishing surety to the satisfaction of the Deputy Registrar?
suspension of sentencegrant of bailfemale convictrigorous imprisonmentsurety bond

ORDER

1. The petitioner is a lady and has been sentenced to 2-1/2 years' R.I. And is in jail since 12-4-2004.

2. Being a lady her sentence is suspended and she is admitted to bail in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of Deputy Registrar (Judi.) of this Court.

3. Sentenced suspended.

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