MUHAMMAD IQBAL alias BALI vs THE STATE and another
The petitioner sought the suspension of his sentence and release on bail pending appeal after being convicted and sentenced by the Special Judge Anti-Terrorism Court No.II, Gujranwala under sections 365-A/395 of the Pakistan Penal Code 1860 and section 13 of the Arms Ordinance, receiving a maximum sentence of five years' rigorous imprisonment. The core legal question was whether the execution of the sentence should be suspended when the petitioner had already undergone a substantial portion of the sentence and the appeal was not likely to be heard soon. The Lahore High Court held that since the petitioner had undergone more than half of his maximum sentence and early hearing of the appeal was not in sight, the petition should be allowed. The court laid down the principle that suspension of sentence and grant of bail pending appeal may be favorably considered where a convict has served a significant part of the imprisonment term and adjudication of the main appeal is delayed.
- Whether the sentence of a convict can be suspended when he has already undergone more than half of the awarded imprisonment?
- Does the unlikelihood of a criminal appeal being heard in the near_term constitute a valid ground for suspension of sentence?
- Under what circumstances can a petitioner be admitted to bail after conviction pending the disposal of an appeal?
- Section 365, Pakistan Penal Code 1860
- Section 395, Pakistan Penal Code 1860
- Section 13, Arms Ordinance 1965
- Section 382-B, Code of Criminal Procedure 1898
ORDER
1. ' Petitioner along with seven other co-accused was tried by Special Judge Anti-Terrorism Court No,II, Gujranwala in case F.I.R. No,384 of 2005 for the offences under sections 365-A/395, P.P.C.
2. Registered at Police Station Hajipura District Sialkot who vide judgment dated 11-10-2006 convicted and sentenced the petitioner as under:-- Under section 365, P.P.C., Five years' R.I. With fine of Rs,10,000 in case of default in payment of fine to further undergo one Month's S.I.
3. Under section 13 of Arms Ordinance. Two years' R.I. With fine of Rs,3,000 in case of default in payment of fine to further undergo seven days' S.-I.
4. ' Benefit of section 382-B, Cr.P.C. Was also extended in favour of petitioner. All the sentences were ordered to run concurrently.
5. ' Appeal against the said judgment is pending before this Court and through this petition prayer has been made for suspension of sentence.
6. After hearing learned counsel for the parties and perusing the record we have observed that the maximum period of sentence to be undergone by the petitioner is five years' R.I. Whereas the petitioner has already undergone more than half of the sentence and the hearing of the main appeal is not within sight. Accordingly this petition is allowed sentence of imprisonment of the petitioner is suspended and he is adMitted to bail subject to his furnishing bail bonds in the sum of Rs,1,00,000 with one surety in the like amount to the satisfaction of Deputy Registrar (J), of this Court.
Cited by 2 cases
- SHAFIQ AHMED Versus State 2018 PCrLJN 218
- The STATE vs WAQAR and others 2013 MLD 1072