AMJAD FAROOQ vs STATE and another
This criminal miscellaneous petition was filed under Section 426(2-B) of the Code of Criminal Procedure 1898, seeking the suspension of a sentence of life imprisonment pending the final disposal of an appeal before the Supreme Court of Pakistan. The petitioner, convicted under Section 302(b) of the Pakistan Penal Code 1860, had been sentenced to death by the trial court, which was subsequently converted to life imprisonment by the High Court. The core legal question was whether the petitioner was entitled to the suspension of his sentence given that he had already served over ten years of his imprisonment. The Court held that the sentence should be suspended, noting that the petitioner had undergone a significant portion of his sentence and that the appeal before the Supreme Court remained pending, creating a possibility that the petitioner might serve his entire sentence before the appeal's conclusion. The Court established the principle that a convict who has served a substantial portion of their sentence, such as ten years, may be granted suspension of sentence in the interest of justice.
- Can a convict be released on bail pending an appeal before the Supreme Court if they have already served a substantial portion of their sentence?
- Does the fact that a petitioner has served over ten years of a life sentence constitute sufficient grounds for the suspension of that sentence?
- Is the suspension of a sentence permissible when there is a risk that the appellant might complete their entire sentence before their appeal is decided?
- Section 426(2-B), Code of Criminal Procedure 1898
- Section 302(b), Pakistan Penal Code 1860
ORDER
' Through this criminal miscellaneous under Section 426(2-B), Cr.P.C., Amjad Farooq petitioner has sought suspension of sentence.
2. The facts necessary for the disposal of this petition are that the petitioner was awarded death sentence by learned trial Court vide judgment dated 22.02.2005, in case FIR No, 520/2003, under Section 302(b), PPC, registered at Police Station Noor Shah, District Sahiwal. The sentence of the petitioner was converted into life imprisonment by this Court through judgment dated 29.04.2010 passed in Crl. Appeal No, 126/2005. Against the judgment passed by this Court, the petitioner preferred petition for leave to appeal before the Hon'ble Supreme Court of Pakistan which was converted into appeal and petitioner was granted leave to appeal to re-appraise the evidence of the prosecution vide order dated 03.08.2010. Hence, this petition.
3. Learned counsel for the petitioner contends that the petitioner was sentenced to life imprisonment; that petitioner is behind the bars since his arrest, as such, has served out more than 10 years of his sentence; that on this ground only, sentence of the petitioner is liable to be suspended till the final disposal of the appeal pending before the Hon'ble Supreme Court of Pakistan.
4. On the other hand, learned Deputy Prosecutor General assisted by learned counsel for the complainant while opposing this petition submits that the petitioner has been awarded conviction and sentence after holding a full-dressed trial, therefore, he does not deserve any concession from this Court.
5. After hearing the learned counsel for the parties and going through the impugned judgment passed by learned trial Court, it has been noticed by us that the petitioner was awarded capital punishment 'by learned trial Court which was converted into life imprisonment by this Court, The petitioner was also granted leave to appeal by the Hon'ble Supreme Court of Pakistan. In this view of the matter, the evidence available on the file needs to be re-appraised by the Hon'ble Apex Court. Admittedly, the petitioner has undergone for more than 10 years out of his entire sentence excluding remissions earned by him, if any. A convict who has already undergone almost half of his sentence may seek suspension of sentence in the interest of justice keeping in view the facts and circumstances of the case. In this regard, reliance may be placed upon case "Makhdoom Javed Hashmi, Vs. The State" (2007 SCM R 1844), The appeal of the petitioner is pending 'before the Hon'ble Supreme Court of Pakistan and possibility could Inot be ruled out that before disposal of appeal, petitioner may serve out his entire sentence.
6. For what has been discussed above, this miscellaneous petition is allowed and the sentence of the petitioner is suspended solely on the ground that he has served out 10 years of his sentence excluding remissions earned by him, if any, so, he is released on bail subject to furnishing bail bonds in the sum of Rs, 1,00,000/- (Rupees one hundred thousand only) with two sureties in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court.