MUHAMMAD SALEEM vs THE STATE and anothers
This matter concerns a criminal petition for the suspension of sentence filed by the petitioner, Muhammad Saleem, who was convicted under Section 302(b) of the Pakistan Penal Code 1860 and sentenced to life imprisonment. The petitioner challenged his conviction, arguing that the only allegation against him was raising a 'Lalkara' (incitement) without causing any physical injury to the deceased, and noting that co-convicts had already been granted suspension of sentence. The core legal question was whether the petitioner’s sentence should be suspended pending the final hearing of his appeal, given the lack of evidence regarding abetment and the delay in the appellate process. The Court held that since the petitioner had been incarcerated since 2008 and the main appeal was unlikely to be heard in the near future, the sentence should be suspended. The key principle laid down is that where the evidence of abetment is weak and the appellate hearing is significantly delayed, the suspension of sentence is a justifiable exercise of judicial discretion to prevent prolonged incarceration without a final appellate determination.
- Is a convict entitled to suspension of sentence pending appeal when the only allegation is raising a Lalkara without causing physical injury?
- Does the absence of evidence regarding abetment constitute a ground for suspending a sentence pending appeal?
- Can a sentence be suspended if the main appeal is unlikely to be heard in the foreseeable future?
- Section 302, Pakistan Penal Code 1860
- Section 302(b), Pakistan Penal Code 1860
- Section 654, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
ORDER
' Petitioner Muhammad Saleem, seeks suspension of sentence awarded to him vide judgment and 23-12-2008, passed by learned Additional Sessions Judge, Mian Channu, District Khanewal, in case F.I.R. No,217 dated 13-8-2003, for the offence under sections 302, 654, 109, 148 and 149, P. P. C .
Registered at Police Station Tulumba, District Khanewal, whereby, petitioner/appellant was convicted under section 302(b) of P.P.C. And sentenced to imprisonment for life. Benefit of section 382-B, of Cr.P.C. Was also given to petitioner Muhammad Saleem.
2. Learned counsel for the petitioner contends that only Lalkara was attributed to the petitioner, that petitioner Muhammad Saleem did not cause any injury on the person of the deceased; that sentence of Muhammad Iqbal and Fateh Sher, co-convicts of the petitioner was suspended by this court vide order dated 3-3-2009; that petitioner was convicted by learned trial Court on 23-12- 2008 and since then he is behind the bars; that there is no chance of the appeal of the petitioner being heard in a foreseeable future. So learned counsel for-the petitioner has prayed that the petitioner be granted bail and his sentence be suspended.
4. Learned Deputy Prosecutor General, Punjab has vehemently opposed this petition on the ground that the learned trial Court, after scanning the record, available before him, has convicted the petitioner and the impugned judgment is well-reasoned, therefore, the petitioner is not entitled to bail.
5. The only allegation against the petitioner was that he raised Lalkara at the time of occurrence.
The perusal of judgment dated 23-12-2008 reveals that learned trial Court convicted the petitioner/appellant with the observation that petitioner abetted his co-accused for the commission of murder of Sajjad, deceased but there was no evidence available on the record regarding abetment against the petitioner/appellant. The petitioner did not cause any injury on the person of the deceased. Genuineness or otherwise of the allegation against the petitioner would, be adjudged at the time of final hearing of the appeal. The petitioner was convicted by learned trial Court on 23-12-2008 and since then he is behind the bars. Hearing of the main appeal is not in sight in near future, as appeal of the petitioner pertains to the year 2009.
6. In view of the above, we accept this petition and suspend the sentence of the petitioner. He is directed to be released from jail, subject to his furnishing bail bond in the sum of Rs,2,00,000 with one surety, in the like amount to the satisfaction of Deputy Registrar (Judicial) of this court. The petitioner shall appear before this court in person on each and every date of hearing of his main appeal.
THE END