MUHAMMAD KHALID HUSSAIN vs THE STATE
This criminal matter pertains to an application seeking the suspension of a sentence awarded to the appellant following his conviction. The core legal question before the Court was whether the sentence imposed upon the appellant should be suspended, particularly given that the appellant had already served the sentence awarded under Section 337-F(iii) of the Pakistan Penal Code 1860, and the remaining conviction under Section 324 of the Pakistan Penal Code 1860 required further judicial scrutiny. The Court noted that the conviction under Section 337-F(iii) had been recorded without the formal framing of a charge, a procedural irregularity evident from the trial court's judgment. Considering the circumstances of the case and the fact that the State Counsel offered no objection to the relief sought, the High Court exercised its discretion to suspend the sentence. The Court held that the appellant should be released on bail, subject to the provision of solvent surety and a personal recognizance bond to the satisfaction of the Additional Registrar. This decision underscores the court's authority to grant post-conviction bail pending appeal when procedural irregularities exist and the served portion of the sentence warrants relief.
- Can a sentence be suspended when the appellant has already served the term for one of the convictions?
- Does the absence of a formal charge sheet affect the validity of a conviction under the Pakistan Penal Code 1860?
- Is the lack of objection from the State a relevant factor in granting the suspension of a sentence?
- Section 337-F(iii), Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
ORDER
1. ' Mrs. YASMIN ABBASEY, J.---By this application appellant has sought suspension of sentence awarded to him vide impugned judgment.
2. It is pointed out by learned counsel for the appellant that this Appellant has been convicted under section 337-F (iii), P.P.C. Without framing of the charge, which is evident from the very judgment, however, the Appellant has already served out the sentence awarded to him under section 337- F(iii), P.P.C. And now only the question left is whether the sentence awarded under section 324, P.P.C. Is warranted or not.
3. ' Under the circumstances of the case, Mr. Anwar H. Ansari, learned State Counsel has stated no objection to the suspension of sentence.
4. For the forgoing reasons, the sentence is suspended and Appellant Muhammad Khalid is allowed to be released on bail subject to furnishing solvent surety in the sum of Rs,100,000 (Rupees One Lac) and P.R. Bond in the like amount to the satisfaction of Additional Registrar of this Court.