Mst. KUBRA BIBI vs THE STATE
This matter concerns a petition for the suspension of sentence filed by Mst. Kubra Bibi, who was convicted and sentenced to life imprisonment for the murder of Muhammad Arshad under sections 302/109/34 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner, an aged woman convicted of abetment, was entitled to the suspension of her sentence and release on bail pending the outcome of her appeal. The Court observed that the prosecution's case against the petitioner rested on the testimony of two witnesses who claimed to have overheard her abetting the crime days before the occurrence, yet only reported this after the discovery of the body. Furthermore, the Court noted the petitioner's involvement was based on a supplementary statement recorded after the initial investigation. Given the petitioner's advanced age and the necessity for a thorough re-appraisal of the evidence regarding her specific role, the Court held that the petitioner was entitled to the concession of bail. Consequently, the Court accepted the petition, suspending the sentence and granting bail subject to the furnishing of bail bonds.
- Can the sentence of a convict be suspended pending appeal if the prosecution evidence requires re-appraisal?
- Does the advanced age of a female convict constitute a valid ground for the suspension of sentence pending appeal?
- Is a conviction based on a supplementary statement involving abetment sufficient to deny the suspension of sentence pending appeal?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
- Section 382-B, Code of Criminal Procedure 1898
ORDER
' Petitioner Mst. Kubra Bibi along with two other co-accused was tried for the murder of Muhammad Arshad in case F.I.R. No,256 of 2000, dated 20-7-2000 registered under section 302/34 read with section 109, P.P.C. At Police Station Cantt. Gujranwala by the Addl. Sessions Judge, Gujranwala, who vide judgment, dated 2-3-2002 convicted petitioner under sections 302/109/34, P.P.C. And sentenced her to imprisonment for life as well as to pay compensation amounting to Rs 25,000 to the legal heirs of the deceased as required under section 544-A, Cr.P.C. With benefit of section 382- B, Cr.P.C. Appeal against the said judgment is pending before this Court and through this instant petition prayer has been made for suspension of her sentence
2. After hearing the learned counsel for the parties and perusing the record, we have observed that the petitioner has been involved in this case being mother-in-law of the deceased and the precise allegation against her is that of abetment. To prove the case against the petitioner prosecution has relied upon the statements of Muhammad Rafiq P.W.9 and Muhammad Shehbaz P.W.10. The statements of these witnesses are to the effect that they has seen the petitioner abetting her co- accused to commit the murder of Arshad deceased in her house. We have observed that these witnesses heard the said conversation about 2/3 days prior to the occurrence and informed the complainant after the recovery of dead-body of Arshad deceased. The 'petitioner was involved in this case on the basis of supplementary statement which was recorded later on. We have also observed that according to the record petitioner is also an aged lady. In the said circumstances, the prosecution evidence requires re-appraisal of evidence qua the involvement of the petitioner entitling her to the concession of bail. Accordingly, the instant petition is accepted, conviction and sentence of the petitioner is suspended and she is released on bail subject to her furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of trial Court.