Asghar Ali vs The State
This criminal matter concerns an application for suspension of sentence and grant of bail pending appeal by the applicant, Asghar Ali, who was convicted under Section 302(b) of the Pakistan Penal Code 1860 and sentenced to life imprisonment. The core legal question was whether the applicant was entitled to suspension of sentence and release on bail due to the prolonged pendency of his appeal before the High Court. The Court observed that the appeal had been pending since 2010 and that the applicant could not be held responsible for the delay in the fixation or hearing of the case. Furthermore, the Court noted that the statutory period prescribed for such relief had elapsed since the date of the applicant's conviction in 2007. Consequently, the Court allowed the application, suspended the sentence, and ordered the applicant's release on bail, holding that the delay in the adjudication of an appeal, for which the convict is not responsible, entitles the convict to the suspension of sentence and release on bail under the relevant statutory provisions.
- Does the prolonged pendency of a criminal appeal, for which the convict is not responsible, entitle the convict to suspension of sentence and release on bail?
- Has the statutory period for suspension of sentence under Section 426 of the Code of Criminal Procedure 1898 elapsed in cases where the appeal has remained unheard for several years?
- Section 302(b), Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
- Section 426, Code of Criminal Procedure 1898
ORDER IBAD-UR-REHMAN LODHI, J. - The applicant Asghar Ali seeks suspension of sentence and release on bail in case where he was awarded sentence under Section 302(b), PPC for life imprisonment with the direction to pay Rs. 1,00,000/- as compensation to the legal heirs of the deceased and in default thereof further imprisonment of six months' S.I. The benefit of Section 382- B, Cr.P.C, was also extended through judgment passed by the learned Additional Sessions Judge, Mianchannu on 31.3.2007 in private complaint filed by Dildar Hussain complainant.
2. The present appeal against such conviction was filed in the year 2010 and since then the same is pending here. For non-fixation or non-hearing of the appeal, the applicant cannot be held responsible. He has earned a statutory right by now to be released on bail after suspension of sentence, It is also pertinent to mention here that the statutory period provided in Section 426, Cr.P.C, has been elapsed keeping in view the date of conviction of the applicant by the learned Trial Court viz. 31.3.2007.
3. Resultantly, without commenting upon the merits of the case, this application is allowed, sentence awarded to the applicant Asghar Ali is suspended and he is ordered to be released on bail subject to his furnishing bail bonds in the sum of Rs. 2,00,000/- with one surety in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Bench. 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.