MUHAMMAD ASHFAQ alias GOSHI vs THE STATE
This matter concerns an application for suspension of sentence filed under Section 426 of the Code of Criminal Procedure 1898 by the petitioner, Muhammad Ashfaq alias Goshi, who was convicted under Section 302(b) and Section 452 of the Pakistan Penal Code 1860. The petitioner was sentenced to life imprisonment and seven years' rigorous imprisonment, respectively, for his role in an incident where he allegedly entered a house armed with a rifle. The core legal question was whether the petitioner's sentence should be suspended pending appeal, given that the complainant's own allegations and the private complaint ascribed to the petitioner only the act of raising a 'Lalkara' (shout) without causing any physical injury to the deceased. The Court held that, in the peculiar circumstances of the case, where the petitioner was not attributed with causing any injury despite being armed, sufficient grounds existed for the suspension of the sentence. Consequently, the Court accepted the application and directed the petitioner's release on bail subject to the furnishing of bail bonds.
- Can a sentence be suspended under Section 426 of the Code of Criminal Procedure 1898 where the accused is not alleged to have caused physical injury to the deceased?
- Is the act of raising a 'Lalkara' sufficient to deny the suspension of a sentence pending appeal in a murder case?
- Section 426, Code of Criminal Procedure 1898
- Section 302(b), Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
' 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.1,00,000 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 the deceased. Also contends that during investigation police found all the five accused innocent and then a private complaint was filed by the complainant, 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 sections 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 sentence..
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.
Cited by 2 cases
- Sher Jan vs Mehrab Khan/State 2019 MLD 50, 2018 PHC 1718
- Mst. HALEEMA BIBI vs ABDULLAH SAEED ANWAR 2005 YLR 2310