MUHAMMAD YASIN vs THE STATE and anothers
The petitioner, Muhammad Yasin, sought the suspension of his sentence and release on bail pending appeal following his conviction under Section 302(b) of the Pakistan Penal Code 1860, for which he was sentenced to rigorous imprisonment for life and ordered to pay compensation. The core legal question before the High Court was whether, given the specific allegations and evidence presented at trial, the petitioner was entitled to post-conviction bail pending the final adjudication of his appeal. The court observed that the fatal injury to the deceased was attributed to the petitioner's father, Muhammad Jaffar, and that while the petitioner was allegedly armed with a pistol, he did not utilize it during the occurrence. Finding that the case warranted further appreciation of evidence, the court accepted the application for bail. The key principle laid down is that where the prosecution's evidence regarding the specific role of an accused in a capital offense is open to doubt or requires deeper scrutiny, the court may exercise its discretion to grant post-conviction bail pending appeal.
- Can a convict be released on bail pending appeal if the fatal injury is attributed to a co-accused?
- Does the non-use of an alleged weapon during the occurrence constitute grounds for further appreciation of evidence in a bail application?
- Is a convict entitled to bail if the court finds the case requires further appreciation of evidence?
- Section 302(b), Pakistan Penal Code 1860
ORDER
' M.A. SHAHID SIDDIQUI, J.---Muhammad Yasin, petitioner has sought suspension of his sentence and release on bail. He has been convicted under section 302(b)134, P.P.C. And sentenced to reigorous imprisonment for life. He was directed to pay Rs.40,000 as compensation to the legal heirs of the deceased and in default of payment thereof to go further simple imprisonment for six months vide judgment, dated 29-7-2006 passed by a learned Additional Sessions Judge at Depalpur.
2. Arguments heard and record perused. The fatal injury to Mst. Ghulam Fatima was attributed to Muhammad Jaffar father of the petitioner. The petitioner was allegedly armed with a pistol which he did not use during the occurrence. Considering it a fit case for further A appreciation of evidence, I accept this application and order the release of the petitioner on bail subject to furnishing bail bond in the sum of Rs.1,00,000 with one surety in the like amount to the satisfaction of the Trial Court.
Cited by 1 case
- Sher Jan vs Mehrab Khan/State 2019 MLD 50, 2018 PHC 1718