NABI AHMED vs STATE
This matter comes before the Lahore High Court upon a petition for suspension of sentence and grant of bail pending appeal filed by the convict, Nabi Ahmed. The core legal question concerns whether the prolonged incarceration of the petitioner—having served over three years with his substantive appeal unlikely to be heard in the near future due to court backlogs—warrants the suspension of his sentence and release on bail. The Court held that since appeals from earlier years were still routinely being fixed and the petitioner's 2002 appeal would not be heard soon, a sufficient case for the suspension of sentence was made out. The petition was consequently accepted, and the petitioner was directed to be released on bail subject to furnishing appropriate security bonds. The key principle laid down is that undue and protracted delay in the disposal of an appeal through no fault of the appellant, resulting in prolonged imprisonment, constitutes a valid ground for suspending the sentence and granting bail pending appeal.
- Does prolonged incarceration resulting from a delayed appeal constitute a sufficient ground for the suspension of sentence?
- Can a convict be released on bail pending the decision of their appeal when the appellate court's backlog prevents an early hearing?
ORDER
Mian Muhammad Najam-uz-Zaman, J.--In support of this petition for suspension of sentence, learned counsel submits that Nabi Ahmad petitioner after conviction by the trial Court vide judgment dated 1.2.2002 is behind the bars for the last three years and three months and his appeal has not been decided so far. Further submits that according to office report, appeals relating to year 2000 are being fixed in routine and the appeal in hand being of 2002, is likely to be fixed in the next year.
2. Learned counsel for the complainant submits that petitioner is named in the FIR with specific role and that the ocular account is fully corroborated by medical evidence. Further submits that concession of bail on Statutory ground is no more in existence.
3. Learned counsel for the State adopts the arguments advanced by learned counsel for the complainant and opposes the suspension of sentence.
4. Heard, without touching upon merits of the case, it is admitted position on record that petitioner is behind the bar since 1.2.2003, the date when the impugned judgment was passed by the trial Court. According to office report, appeal relating to year 2000 are being fixed in routine and the appeal in hand relating to year 2002 is likely to be fixed during the next year. We are thus of the view that a case for suspension of sentence is made in favour of the petitioner. Resultantly, this petition is accepted and petitioner is directed to be released on bail provided he furnishes bail bonds in the sum of Rs, One. lac with one surety in the like amount to the satisfaction of Deputy Registrar (J) of this Court. The petitioner shall appear on each and every date of hearing before this Court.