MUHAMMAD AWAIS vs THE STATE and another
This matter arises from an appeal against conviction filed by the appellant, Muhammad Awais, who was convicted under Section 319 of the Pakistan Penal Code 1860 and sentenced to one year's simple imprisonment with Diyat by the Additional Sessions Judge, Burewala, acting as a Juvenile Court. The core legal question concerns the suspension of sentence and grant of bail to a juvenile convict undergoing a short sentence. The Lahore High Court held that given the short duration of the sentence and the appellant's status as a juvenile aged 14 to 15 years, the sentence should be suspended and the petitioner released on bail. The key principle laid down is that a juvenile convicted and sentenced to a short term of imprisonment is generally entitled to suspension of sentence and post-conviction bail pending appeal, particularly when the State raises no objection.
- Is a juvenile convict entitled to suspension of sentence and bail when undergoing a short term of imprisonment?
- Whether post-conviction bail can be granted to a juvenile offender whose age is determined to be 14 or 15 years?
- Section 319, Pakistan Penal Code 1860
ORDER
' MALIK SAEED EJAZ, J.---Appeal against conviction. Admit. Notice. Record.
Criminal Miscellaneous No,1 of 2008
2. It is stated that the appellant/petitioner was convicted under section 319, P.P.C. And sentenced to one year's S.I. With payment of Diyat vide impugned judgment, dated 30-4-2008 passed by the learned Additional Sessions Judge, Burewala, in private complaint filed by respondent No,2; and that admittedly the petitioner is juvenile having the age of 14/15 years and was tried by the learned Additional Sessions Judge, Burewala, in his capacity as Juvenile Court. In these circumstances, the petitioner is entitled to suspension of sentence and his release on bail.
3. Notice to the State for today. Mr. Zulifqar Ali Sindhu, Addl. Prosecutor General, present on Court's call, accepts notice and keeping in view of the sentence and age of the petitioner has no objection if sentence of the petitioner is suspended and he is release on bail.
4. Keeping in view the facts that sentence is short and the petitioner is juvenile, his sentence is suspended and he is admitted to bail, subject to furnishing bail bonds in the sum of Rupees One Lac A (Rs,1,00,000), with one surety, in the like amount to the satisfaction of the Dy. Registrar (Judicial) of this Bench. The petitioner is directed to appear before this Court on all the dates of hearing.##TE# revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.