IFTIKHAR HUSSAIN vs THE STATE
This matter arises from a criminal revision filed against the dismissal of the petitioner's appeal by the Sessions Judge, Layyah, upholding his conviction and sentences under sections 320, 337G, and 427 of the Pakistan Penal Code 1860, passed by the Magistrate Section 30, Layyah. The core legal question is whether the execution of a short sentence of imprisonment ought to be suspended and bail granted during the pendency of a criminal revision when a substantial portion of the sentence has already been served and early hearing is unlikely. The court held that the sentences should be suspended and the petitioner granted bail. The key principle laid down is that where a convict is serving a short sentence, has undergone a substantial part of it, and the revision petition is not likely to be heard in the near future, the sentence may be suspended and bail granted pending disposal of the revision.
- Can the execution of a short sentence be suspended during the pendency of a criminal revision?
- Whether post-conviction bail can be granted when the petitioner has already undergone a substantial part of a short sentence?
- Does the unlikelihood of an early hearing of a criminal revision justify the suspension of sentence?
- Section 320, Pakistan Penal Code 1860
- Section 337G, Pakistan Penal Code 1860
- Section 427, Pakistan Penal Code 1860
ORDER
' MAULVI ANWARUL HAQ, J,--- Vide judgment, dated 24-11-2005, passed by learned Magistrate Section 30, Layyah the petitioner has been convicted and sentenced as follows in case F.I.R. No,294, dated 3-10-1996 Police Station Chowk Azam, District Layyah:--
(i) Convicted and sentenced to four years' R.I. Under section 320, P.P.C. And was also ordered to pay Rs,3,93,902 to the legal heirs of Muhammad Shafi, deceased.
(ii) Convicted and sentenced to one year's R.I. Under section 337G, P.P.C. With direction to pay Arsh of Rs,1,96,951 to the injured Bashir Ahmad Shakir.
(iii) The convict was directed to pay Daman Rs,6,000 each to Muhammad Afzal, injured and Mukhtar Ahmad.
(iv) Convicted and sentenced to six months under section 427, P.P.C.
' His appeal against the said convictions and sentences has been dismissed by learned Sessions Judge, Layyah on 20-1-2006. Criminal revision filed against the said judgment has since been admitted.
2. Learned counsel prays that the sentence being short and according to the report of the Superintendent Jail, the petitioner has already undergone more than, six months of incarceration and it is not certain as to when the criminal revision will be taken up for hearing, the sentence imposed be suspended.
3. Learned counsel for State opposes the prayer.
4. Since the sentence is short and substantial part thereof has already been undergone by the petitioner and in view of the fact that the criminal revision is not likely to be taken up in near future, the sentences are suspended. The petitioner is granted bail subject to furnishing bail bonds in the sum of Rs,1,00,000 with two sureties each in the like amount to the satisfaction of learned trial Court.