Amanat Ali vs The State, etc.
This matter concerns a petition for the suspension of sentence filed by the petitioner, Amanat Ali, who was convicted and sentenced to one year of rigorous imprisonment along with a Daman of Rs. 20,000 under Section 337-A(ii) of the Pakistan Penal Code 1860 by a Judicial Magistrate. Following his conviction, the petitioner filed an appeal before the Court of Sessions and simultaneously sought suspension of his sentence, which was initially dismissed by the Additional Sessions Judge. The core legal question before the High Court was whether the petitioner was entitled to the suspension of his sentence and release on bail pending the final adjudication of his appeal. The Court held that since the sentence awarded was short and the disposal of the appeal was likely to take considerable time, there was a risk that the appeal could become infructuous if the petitioner served the entire sentence before its conclusion. Consequently, the Court allowed the petition, suspended the sentence, and admitted the petitioner to bail, establishing the principle that suspension of sentence is appropriate where the sentence is short and the appeal's final disposal is delayed.
- Is a convict entitled to suspension of sentence if the sentence is short and the appeal is likely to take time?
- Can a court suspend a sentence to prevent an appeal from becoming infructuous?
- Does the absence of a criminal record influence the court's discretion in suspending a sentence?
- Section 337-A(iii), Pakistan Penal Code 1860
- Section 337-L2, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 354, Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
ORDER
' ALI BAQAR NAJAFI, J.--- The petitioner was charged in case FIR No,. 350, dated 20.03.2008 under sections 337-A(iii), 337-L2 & 34, PPC registered at Police Station Nawan Kot, Lahore, wherein the petitioner was bailed out and thereafter the complainant lodged a criminal complaint against the petitioner and his brother Shaukat Ali. After conclusion of the trial the learned Judicial Magistrate Section 30, Lahore vide his order dated 27.6.2013 acquitted the petitioner from the charges under sections 324, 354, 337-L2 and 34, PPC and convicted the petitioner under section 337-A(ii), PPC and sentenced him to undergo R.I for one year as tazir alongwith Daman of Rs, 20,000/-. Till the Daman is not paid the petitioner-accused shall not be released. Benefit of section 382-B, Cr.P.C. Was also extended to the petitioner. An appeal was preferred against the said judgment before the Court of Sessions, Lahore and during the pendency of the appeal the petitioner also filed a petition for suspension of his sentence which was dismissed vide order dated 20.06.2013 by the learned Additional Sessions Judge, Lahore. Feeling aggrieved of the said order, the petitioner preferred the instant petition for suspension of his sentence.
2. The learned counsel for the petitioner contends that sentence awarded to the petitioner is short; therefore, the petitioner is entitled to the suspension of sentence and grant of bail.
3. The learned Additional Prosecutor General has vehemently opposed the prayer for suspension of sentence.
4. I have heard the learned counsel for the petitioner as well as the learned Additional Prosecutor General and perused the record.
5. The petitioner has been convicted and sentenced to one year's R.I alongwith Daman of Rs, 20,000/- vide judgment dated 27.6.2013. According to the judgment the petitioner has been allowed benefit of section 382-B, Cr.P.C. The learned A.P.G. Could not point out from the record that the petitioner is previous convict in similar offences. Since the sentence is short and disposal of appeal before Appellate Court is likely to take some time, therefore, the possibility cannot be ruled out that when the appeal is decided the petitioner may have served his whole sentence rendering the appeal infructuous. Accordingly, I allow this petition, suspend sentence of the petitioner and admit him to bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- with two sureties each in the like amount to the satisfaction of the Appellate Court on each and every date of hearing till the final disposal of his appeal. Sentence suspension .