Hanif vs The State
This criminal matter concerns a petition for the suspension of a sentence filed by the appellant, Hanif, who was convicted under Section 302(b) of the Pakistan Penal Code 1860 and sentenced to life imprisonment by the Additional Sessions Judge, Sahiwal. The core legal question was whether the appellant was entitled to the suspension of his sentence and release on bail due to the prolonged pendency of his appeal. The Lahore High Court observed that the appellant's appeal, filed in 2006, had remained undecided for over five years, a delay not attributable to the appellant. Relying on the mandatory provisions of Section 426(1-A)(c) of the Code of Criminal Procedure 1898, which requires the release on bail of a convict sentenced to life imprisonment if the appeal is not decided within two years of conviction, the Court held that the appellant was entitled to relief. The Court affirmed that where the delay in the appellate process is not caused by the appellant, the statutory right to bail must be granted, provided the convict is not a hardened or dangerous criminal.
- Is a convict sentenced to life imprisonment entitled to bail if their appeal remains undecided for more than two years?
- Does the statutory right to bail under Section 426(1-A)(c) of the Code of Criminal Procedure 1898 apply when the delay in the appeal is not caused by the appellant?
- Can a sentence be suspended on statutory grounds if the appellant is not a hardened or dangerous criminal?
- Section 302, Pakistan Penal Code 1860
- Section 302(b), Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
- Section 426, Code of Criminal Procedure 1898
- Section 426(1-A)(c), Code of Criminal Procedure 1898
ORDER SARDAR MUHAMMAD SHAMIM KHAN, J. -Hanif s/o Pira, petitioner/appellant seeks suspension of sentence awarded to him by learned Additional Sessions Judge, Sahiwal, vide judgment dated 24.11.2003 in case F.I.R. No. 218 of 2002, dated 27.8.2002 for the offence under Sections 302/324/34, P.P.C, registered at Police Station, Dera Rahim, District Sahiwal whereby he was convicted under Section 302(b), P.P.C, and sentenced to imprisonment for life with compensation of Rs, 50,000/- to be paid to the legal heirs of the deceased, In default thereof to further undergo six months', R.I. The petitioner/appellant Was also extended benefit of Section 382-B, Cr.P.C.
2. Learned counsel for the petitioner/appellant contended that petitioner/appellant was convicted and sentenced to imprisonment for life on 24.11.2003 and appeal was filed through Jail on 18.7.2006 before this Court and period of more than five years has elapsed but the appeal of the petitioner/appellant has not been fixed for hearing till yet; that delay in decision of appeal has not been occasioned by any act or omission of the petitioner/appellant or any other person acting on his behalf; that petitioner/appellant is previously non-convicted offender and that he is neither hardened, desperate nor dangerous criminal, therefore, sentence of the petitioner/appellant is liable to be suspended and he be released on bail on statutory ground.
3. Learned DPG has oppesed this petition and prayed for its dismissal.
4. We have heard the arguments advanced by the learned counsel for parties and perused the record with care.
5. It has been noticed by us that petitioner/appellant was convicted under Section 302(b), P.P.C, and sentenced to imprisonment for life by learned Additional Sessions Judge, Sahiwal vide judgment dated 24.11.2003. Perusal of record further reveals that appeal of the petitioner/appellant was filed through jail on 18.7.2006 but the same has not been fixed for hearing till yet despite lapse of a period of more than five years. Keeping in view sub-clause (c) of sub-section (1-A) of Section 426, P.P.C., petitioner is entitled for suspension of his sentence on the statutory ground as it is mandatory provision which runs as under:-- (1A) An Appellate Court shall, except where it is of (sic) has been occasioned by an act or omission of the appellant or any other person acting on his behalf, order a convicted person to be released on bail who has been sentenced.
(c) to imprisonment for life or imprisonment exceeding seven years and whose appeal has not been decided within a period of two years of his conviction."
Learned D.P.G. Has frankly conceded that petitioner/appellant is neither previously convicted offender nor he is a hardened, desperate or dangerous criminal.
6. Resultantly, this petition is accepted and sentence of the petitioner is suspended and he is ordered to be released on bail subject to his furnishing bail bonds in-the sum of Rs. 3,00,000/- with one surety in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court.
The petitioner/appellant is directed to appear before this Court on each and every date of hearing till the final disposal of his appeal.