JAVED AKHTAR vs THE STATE and another
This criminal miscellaneous application was filed by petitioner Javed Akhtar seeking suspension of his sentence and grant of bail pending the disposal of his appeal against conviction under sections 468, 471, and 109 of the Pakistan Penal Code and section 5 of the Prevention of Corruption Act 1947, where he was sentenced to two years' rigorous imprisonment on each count with fines. The core legal question was whether a convicted person should be released on bail by suspending a short sentence when there is no likelihood of the appeal being heard early. The Lahore High Court allowed the application, holding that given the short nature of the sentence and the unlikelihood of an early hearing of the main appeal, the sentence should be suspended. The key principle laid down is that where a sentence is short and an early hearing of the appeal is improbable, the convict is ordinarily entitled to suspension of sentence and grant of bail pending appeal.
- Whether a convict is entitled to suspension of sentence and bail when the sentence is of a short duration?
- Can bail be granted pending disposal of an appeal when there is no prospect of an early hearing?
- What is the effect of a short sentence on the suspension of execution of sentence pending appeal?
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 5, Prevention of Corruption Act 1947
- Section 382-B, Code of Criminal Procedure 1898
ORDER
' CH. IFTIKHAR HUSSAIN, J.---Petitioner Javed Akhtar by way of the instant application has prayed for suspension of his sentence and admitting him to bail pending disposal of his appeal.
2. It has been submitted on his behalf that his sentence is short and so, he is entitled to be released on bail by suspending his sentence pending disposal of his appeal.
3. The learned Deputy Prosecutor-General has opposed the submission made on behalf of the applicant. However, the learned counsel for respondent No, 2/complainant has shown no objection to the suspension of his sentence.
4. The applicant vide the impugned judgment dated 24-4-2010, recorded by Malik Nazir Ahmad, learned Special Judge, Anti-Corruption, Lahore, has been convicted under sections 468, 471 and 109, P.P.C. And sentenced to two years R.I. In each offence along with fine of Rs, 20,000 in each offence and in default of payment of fine in each offence further undergo S.I. For two months in each. He was also convicted under section 5 of the Prevention of Corruption Act No, II of 1947 and sentenced to two years' R.I. Along with fine of Rs, 10,000 and in default of payment of fine further undergo S.I. For one month. All the sentences were ordered to run concurrently except the sentences in default of payment of fine and he was extended the benefit of section 382-B, Cr.P.C.
5. His sentence, thus, is short. There is no prospect of early hearing of the main appeal in the near future. I, therefore, in such facts and circumstances of his case, have been persuaded to suspend his sentence. The application, therefore, is allowed and his sentence is suspended and he pending disposal of his appeal is admitted to bail in the sum of Rs,1,00,000 (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court.