MUHAMMAD AFSAR & another vs STATE
This criminal appeal arises from the conviction of the appellants by the trial Court under Sections 320 and 337-G of the Pakistan Penal Code 1860, where they were sentenced to five years of rigorous imprisonment along with the payment of Diyat. The core legal question before the High Court was whether the appellants should be released on bail pending the final adjudication of their appeal, given the anticipated delay in the preparation of the paper book and the relatively short duration of the sentence imposed. The High Court, noting that the appeal is a statutory right and that the conviction involved bailable offences, held that the appellants were entitled to suspension of their sentence. The Court concluded that since the appeal was unlikely to be decided in the near future and the sentence was short, the interests of justice warranted the suspension of the sentence. Consequently, the Court ordered the release of the appellants on bail, subject to the furnishing of surety bonds to the satisfaction of the Nazir of the Court.
- Can a sentence be suspended pending appeal when the offences for which the accused was convicted are bailable?
- Does the anticipated delay in the preparation of the paper book constitute valid grounds for the suspension of a sentence pending appeal?
- Is the suspension of a sentence appropriate when the term of imprisonment awarded is relatively short?
- Section 320, Pakistan Penal Code 1860
- Section 337-G, Pakistan Penal Code 1860
ORDER
1. Learned counsel for the appellants states that the trial Court has convicted the appellants under Sections 320, 337-G, PPC and sentenced them to undergo R.I. for five years with Diyat Amount.
2. Learned counsel further stated that the appeal is fresh, sentence is short one and paper book is to be prepared which will take time as such there is no probability of the appeal being decided in near future, in the circumstances learned counsel for the appellants requests for release of appellants on bail.
3. Learned APG has recorded his no objection, however, requests that surety amount be equivalent to Diyat amount.
4. The appeal being a statutory right has been admitted and paper book is ordered to be prepared which' will take time as such there is no probability of the appeal being decided in near future, the punishment is short one, the appellants have been convicted under Sections 320 & 337-G, PPC which Sections are bailable. In the circumstances, the conviction and sentence awarded to the appellants is suspended. They are ordered to be released on bail subject to their furnishing surety in the sum of Rs, 2,00,000/- (Rupees Two Lacs only) each and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court.