Faqeer Hussain vs The State
This criminal miscellaneous petition was filed under Section 426 of the Code of Criminal Procedure 1898 seeking suspension of sentence and release on bail during the pendency of the main appeal. The core legal question involved whether the petitioner was entitled to suspension of sentence and bail based on a confessional statement and the statutory delay of five years in the hearing of the appeal. The Lahore High Court held that the petitioner's conviction was based on his confessional statement, and the period of incarceration of five years was not unusual or unconscionable to warrant the grant of bail pending appeal. Consequently, the court dismissed the petition while directing the office to fix the main appeal for hearing in the first quarter of 2011. The key principle laid down is that a confessional statement forming the basis of conviction, coupled with a standard period of incarceration awaiting appeal, does not automatically entitle a convicted person to suspension of sentence.
- Whether a convicted person is entitled to suspension of sentence and bail based on a confessional statement?
- Does a delay of five years in the hearing of an appeal constitute an unconscionable delay for the grant of bail?
- Can sentence be suspended under Section 426 of the Code of Criminal Procedure 1898 during the pendency of the main appeal?
- Section 426, Code of Criminal Procedure 1898
ORDER
IJAZ AHMAD CHAUDHRY, J. - Criminal Miscellaneous No. 1 of 2010. Through this miscellaneous /petition under Section 426, Cr.P.C. The petitioner has sought suspension of his sentence and release on bail during the pendency of main appeal.
2. The learned counsel for the petitioner contends that the prosecution evidence was not relied by the learned Trial Court but the conviction of the petitioner was based upon his confessional statement. It was the deceased who has provoked the petitioner to commit his murder as he stated that he is committing Zina with the sister of the petitioner who is Baygherat. The petitioner is behind the bars for the last about five years and there is no likelihood of hearing of his main appeal in near future. On the other hand the learned Deputy Prosecutor General assisted by the learned counsel for the complainant contends that it is the petitioner who has made confessional statement and, thus, he has confessed his guilt. His presence and committing murder is not denied thus, he is not entitled to be enlarged on bail.
3. After hearing the learned counsel for the parties and going through the record it has been noticed by me the petitioner has been convicted and sentenced by the learned Trial Court because he has confessed his guilt. The submissions made by the learned counsel for the petitioner shall be appreciated at the time of hearing of main appeal. The delay of five years has not found by me to unusual or unconscionable so as to admit the petitioner to bail. This petition is, therefore, dismissed. However, the Office is directed to fix the main appeal of the petitioner in the first quarter of 2011.