MUHAMMAD SHARIF and another vs THE STATE
This matter concerns criminal miscellaneous petitions filed under Section 426, Code of Criminal Procedure 1898, seeking suspension of sentences for petitioners convicted under Sections 302(b), 324, and 337-F(i) of the Pakistan Penal Code 1860. The petitioners, Abdul Rehman, Muhammad Sharif, and Riaz Hussain, challenged their convictions arising from a private complaint. During the proceedings, the petitions for Muhammad Sharif and Riaz Hussain were withdrawn and subsequently dismissed. Regarding the petitioner Abdul Rehman, the Court examined the evidence and noted that the specific role attributed to him involved causing a single injury to a victim's wrist, which did not fall within the prohibitory clause of Section 497(1), Code of Criminal Procedure 1898. Given the lack of repeated firing allegations, the nature of the injury, the petitioner's eleven-month incarceration, and the unlikelihood of an early appeal hearing, the Court held that the conviction and sentence warranted reappraisal. Consequently, the Court suspended the sentence and conviction of Abdul Rehman, granting him bail subject to furnishing bail bonds.
- Does a single injury that does not attract the prohibitory clause of Section 497(1), Code of Criminal Procedure 1898, justify the suspension of a sentence pending appeal?
- Can a court suspend a conviction and sentence under Section 426, Code of Criminal Procedure 1898, when the appeal is not likely to be heard in the near future?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 322, Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 426, Code of Criminal Procedure 1898
- Section 497(1), Code of Criminal Procedure 1898
- Section 302(b), Pakistan Penal Code 1860
ORDER
' M. BILAL KHAN, J-The single order will dispose of the titled petitions, as all these matters have arisen out of one and thee same judgment dated 28-2-2007 passed by the learned Addl. Sessions Judge Layyah.
2. The petitioners namely Abdul Rehman, Muhammad Sharif and Riaz Hussain along with their co- accused had been tried under sections 302/324, 452, P.P.C, in a private complaint set up in case F.I.R. No,203/2002 dated 24-10-2002, registered with Police Station Saddar Layyah, under sections 322/337-A(i), 337-F(i), P.P.C. By the learned Addl. Sessions Judge, Layyah, who vide his judgment dated 22-2-2007 convicted them under section 302(b), 324,337-F(i), P.P.C, and sentenced them to various imprisonments.
3. By means of the aforesaid Criminal Miscellaneous Petitions under section 426, Cr.P.C., the petitioners have sought suspension of their sentences.
4. After arguing their case at some length, the learned counsel for Muhammad Sharif and Riaz Hussain petitioners, wish to withdraw Criminal Miscellaneous No,2 of 2007 and Criminal Miscellaneous No, 1 of 2007 in Criminal Appeal No,143 of 2007 therefore, these petitions to their extent are dismissed as having been withdrawn.
5. After hearing the learned counsel for Abdul Rehman petitioner (in Cr1. Misc. No,1 of 2007 and going through the impugned judgment dated 28-2-2007, it has been observed that the only role assigned to the petitioner was that he had caused injury with his pistol to Mst. Sadan on her left wrist which by its, nature did not attract the prohibitory clause of section 497 (1), Cr.P.C. There is no allegation that he had repeated any fire shot. His conviction and sentence under section 324, P. P.0 , therefore, calls for reappraisal during the course of hearing of the main appeal. The petitioner is in custody for the last eleven months and the appeal is not likely to be heard in the near future..
6. Resultantly by accepting this petition (Crl. Misc No,1 of 2007)1 suspend his conviction and sentence. He shall be released on bail subject to his furnishing bail bond in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court. He shall appear in this Court on all future dates of hearing till the final disposal of the main appeal.