MUHAMMAD ARSHAD vs STATE etc.
This matter arises from an application filed under Section 426 of the Code of Criminal Procedure 1898 seeking the suspension of sentence awarded to the petitioner Muhammad Arshad. The petitioner was convicted under Section 337-F(vi) and Section 337-A(i) of the Pakistan Penal Code 1860 by the Magistrate Section 30, Malikwal, and sentenced to rigorous imprisonment with Daman, which conviction and sentence were subsequently maintained by the Additional Sessions Judge, Malakwal. The core legal question concerns whether the sentence of the petitioner should be suspended pending the final decision of the revision petition. The Lahore High Court accepted the application, holding that the short nature of the sentence and the unlikelihood of the main revision petition being fixed in the near future warranted the suspension of the sentence. The court laid down the principle that where a sentence is short and the appeal or revision cannot be heard expeditiously, the sentence may be suspended and the convict released on bail.
- Can a sentence be suspended under Section 426 of the Code of Criminal Procedure 1898 when the term of imprisonment is short?
- Whether the unlikelihood of a speedy hearing of a revision petition constitutes a ground for suspension of sentence?
- Under what conditions can a convict be released on bail upon the suspension of his sentence?
- Section 426, Code of Criminal Procedure 1898
- Section 337-F(vi), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 382-B, Pakistan Penal Code 1860
ORDER
Through this application, filed under Sections 426, Cr.P.C, the petitioner-Muhammad Arshad seeks suspension of sentence, awarded to him, vide judgment dated 14.04.2011 passed by the learned Magistrate Section 30, Malikwal, District Mandi Bahauddin, whereby petitioner was convicted u/S. 337-F(vi), P.P.C. and sentenced for two years R.I. He was held liable to pay Daman amounting to Rs,25000/- to the injured. Petitioner was further convicted u/S. 337-A(i), P.P.C. and sentenced for one year R.I. with payment of Daman of Rs, 10,000/-. Both the sentences were ordered to run concurrently. Benefit of Section 382-B, P.P.C. was also extended. The said conviction and sentence was maintained in appeal by the learned Additional Sessions Judge, Malakwal, vide judgment dated 19.05.2011.
2. Considering the aforesaid conviction and sentence, being short and the fact that there is no likelihood of the fixation of the main revision petition in the near future for final decision and; finally, while respectfully following the dictum laid down in Muhammad Khan Shahid us. The State (PLD 1997 Supreme Court 1) and Abdul Hameed vs. Muhammad Abdullah and others (1999 SCM R 2589), instant application is accepted; the aforementioned sentence of the petitioner is suspended and the petitioner is released on bail, subject to his furnishing bail bond in the sum of Rs, 1,00,000/- with one surety, in the like amount to the satisfaction of the Deputy Registrar (Judi.) of this Court.