SHAHID IQBAL and 3 others vs THE STATE
Muhammad Khan filed an application for the suspension of his sentence and grant of bail pending appeal. He was convicted under Section 324 of the Pakistan Penal Code and sentenced to ten years rigorous imprisonment. The core legal question was whether the sentence of the applicant should be suspended considering the nature of the injury attributed to him, the observation of the trial court that it was a free fight, and the delay in the fixation of his appeal filed in 2002. The Lahore High Court held that the case was a fit one for the suspension of sentence, noting that the applicant caused a simple injury with the blunt side of a hatchet to a prosecution witness in what was observed to be a free fight, and that the appeal was unlikely to be heard in the near future. The court allowed the application, suspending the sentence and granting bail to the applicant subject to surety bonds.
- Whether sentence under Section 324 of the Pakistan Penal Code can be suspended when the injury caused is simple in nature?
- Does a finding of a free fight by the trial court constitute a ground for suspension of sentence pending appeal?
- Can sentence be suspended on the ground of statutory delay in the fixation and hearing of an appeal?
- Section 324, Pakistan Penal Code
ORDER
1. ' Muhammad Khan has filed this application for suspension of sentence. He was convicted under section 324, P.P.C. And sentenced to suffer, ten years R.I. The case. Of the applicant is that according to prosecution case he caused injury on the left shoulder and left thigh of. Abdul Razzaq P.W., with a hatchet (blunt side) and the injury was simple in nature. Also that learned Additional Sessions Judge observed that it was a free fight. The applicant filed appeal in the year, 2002 and there is no likelihood of fixation of appeal in near future. The judgment dated 22-6-2002 shows that learned Additional Sessions Judge has mentioned in para. No,13 that it was a free fight. The applicant caused injury to a P.W. In these circumstances, we find it a fit case for suspension of sentence of the applicant. As such, this application is allowed and the applicant (Muhammad Khan) is allowed bail, subject to furnishing bail bond in the sum of Rs,1,00,000 (Rupees one lac only) with one surety, in the like amount to the satisfaction of learned trial Court.