MUHAMMAD ASHFAQ alias GOSHI vs STATE
This matter comes before the Lahore High Court through an application under Section 426 of the Code of Criminal Procedure 1898, whereby the petitioner, Muhammad Ashfaq alias Goshi, seeks the suspension of his sentence awarded by the Additional Sessions Judge, Burewala, vide judgment dated 9.12.2003. The petitioner was convicted under Section 302(b) of the Pakistan Penal Code 1860 and sentenced to imprisonment for life with compensation, and under Section 452 of the Pakistan Penal Code 1860 for seven years rigorous imprisonment, with sentences running concurrently. The core legal question concerns the propriety of suspending the sentence of a convict who was armed with a rifle and entered the house of the deceased, but whose primary attributed role was raising a lalkara without causing any physical injury to the deceased, especially where the police had earlier found the accused innocent during investigation and a private complaint was subsequently pursued. The Lahore High Court accepted the application and held that in the peculiar circumstances of the case, where the petitioner was only ascribed the role of raising a lalkara and caused no injury despite being armed, the sentence should be suspended and the petitioner released on bail subject to furnishing appropriate security bonds.
- Whether the sentence of a convict can be suspended under Section 426 of the Code of Criminal Procedure 1898 when the primary role attributed is raising a lalkara without causing physical injury?
- Does the fact that police found an accused innocent during investigation warrant the suspension of sentence following a conviction on a private complaint?
- Can bail be granted during the pendency of an appeal where the accused was armed with a deadly weapon but inflicted no firearm injury?
- Section 426, Code of Criminal Procedure 1898
- Section 302(b), Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
ORDER
Through this application under Section 426 Cr.P.C., Muhammad Ashfaq alias Goshi-petitioner seeks suspension of sentence as vide judgment dated 9.12.2003, passed by learned Additional Sessions Judge, Burewala, he has been found guilty under Section 302(b) P.P.C. and sentenced to imprisonment for life with further direction to pay a sum of Rs, 1,00,0001- to legal heirs of the deceased as compensation or in default thereof to further undergo rigorous imprisonment for four months. He was also found guilty under Section 452 P.P.C. and sentenced to rigorous imprisonment for seven years with a fine of Rs, 25,000/- or in default thereof to further undergo rigorous imprisonment for two months. Both the sentences were ordered to run concurrently.
2. Learned counsel appearing on behalf of the petitioner contends that in the F.I.R. it was alleged by the complainant that though the petitioner was armed with a rifle and entered into his house, but did not cause any injury to Pie deceased. Also contends that during investigation police found all the five accused innocent and then a private complaint was filed by the complaint, in which same role was ascribed to the petitioner. Prays that as he has not caused any injury to the deceased, his sentence may be suspended.
3. Learned counsel for the State opposes this application on the ground that conviction was passed six months ago and the petitioner has been found guilty under Section 302/452 P.P.C.
4. We have heard learned counsel for the parties. As the role ascribed to the petitioner is that he raised only Lalkara and had not caused any injury to the deceased, though he was armed with a rifle, in the peculiar circumstances of the case, we are inclined to suspend his application.
5. This application is accordingly accepted and petitioner is directed to be released on bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- (Rupees one lac) with two sureties each in the like amount to the satisfaction of trial Court.