MAZAR alias MAZHAR vs THE STATE
This matter concerns a criminal appeal filed by the appellant, Mazar alias Mazhar, against his conviction and sentence. The appellant sought the suspension of his sentence pending the final adjudication of the appeal. The core legal question before the Court was whether, given the duration of the sentence and the period already served by the appellant in incarceration, the sentence warranted suspension during the pendency of the appeal. The appellant argued that he had been in custody since June 6, 2005, and had been granted the benefit of Section 382-B of the Code of Criminal Procedure 1898, resulting in a remaining sentence of slightly over three years. The State opposed the application. Upon consideration of the arguments presented, the Court held that the sentence should be suspended. Consequently, the Court ordered the suspension of the sentence until the final decision of the appeal, subject to the appellant furnishing a solvent surety in the sum of Rs. 100,000 and a personal recognizance bond in an equivalent amount to the satisfaction of the Additional Registrar of the Court.
- Can a sentence be suspended pending the final decision of a criminal appeal?
- Does the period of incarceration already served justify the suspension of a sentence during appeal?
- Section 382-B, Code of Criminal Procedure 1898
ORDER
1. ' Mr. Muhammad Sharif appearing for the appellant states that the appeal has been admitted for hearing and the sentence is short therefore the same may be suspended till the decision of the appeal. He further contends that the appellant had remained in jail since 6-6-2005 and benefit of section 382-B, Cr.P.C. Has been extended to him therefore at present the sentence remains little more than three years only. Mr. Muhammad Ismail Bhotto learned State counsel opposes the suspension of sentence .
2. Considering the contentions of Mr. Qazi the sentence is hereby suspended till the. Decision of the appeal. The appellant shall be released on his furnishing solvent surety in the sum of Rs, 100,000 and P.R. Bond in the like amount to the satisfaction of Additional Registrar of this Court.