MUHAMMAD IQBAL vs STATE and another
This criminal miscellaneous application was filed by Muhammad Iqbal seeking suspension of sentence and release on bail pending his appeal against conviction under Sections 302(b), 364, 396, 148, and 149 of the Pakistan Penal Code 1860, wherein he was sentenced to life imprisonment and lesser terms by the Additional Sessions Judge, Sahiwal. The core legal question was whether the petitioner was entitled to suspension of sentence and bail on the ground of consistency, given that his co-convicts had already been granted bail by the court. The Lahore High Court held that applying the rule of consistency, since co-convicts Kashif, Maqbool Ahmad, and Rab Nawaz had already been allowed bail after suspension of their sentences, the petitioner was equally entitled to the same relief. The court laid down the principle that the rule of consistency applies in matters of post-conviction suspension of sentence and bail when co-accused similarly situated have been granted bail.
- Can a convict's sentence be suspended and bail granted on the rule of consistency when co-convicts have already been granted bail?
- Whether a petitioner-appellant is entitled to release on bail pending appeal if co-accused facing similar charges have been granted the same relief?
- Section 302(b), Pakistan Penal Code 1860
- Section 364, Pakistan Penal Code 1860
- Section 396, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
ORDER
1. ' Criminal Miscellaneous No, 01 of 2014.
2. ' Through this Criminal Miscellaneous, Muhammad Iqbal, the petitioner, seeks suspension of sentence and release on bail in case, where he was awarded sentences as under: ' Under Section 302(b) read with Section 149, P.P.C.
3. ' Life imprisonment with a fine of Rs,20,000/- and in default whereof to further imprisonment of six months' S.I.
4. ' Under Section 364, P.P.C.
5. ' Life imprisonment with a fine of Rs,20,000/- and in default whereof to further imprisonment of six months' S.I.
6. ' Under Section 396 read with Section 149, P.P.C.
7. ' Life imprisonment with a fine of Rs,20,000/- and in default whereof to further imprisonment of six months' S.I.
8. ' Under Section 148, P.P.C.
9. ' Three years with a fine of Rs, 10,000/- and in default whereof to further imprisonment of three months' S.I.
10. ' Vide judgment dated 20.11.2008, passed by the learned Additional Sessions Judge, Sahiwal, in case FIR No, 560, dated 23.11.2005, under Sections, 302, 364, 396, 149, P.P.C., Police Station, Ghallah Mandi, District Sahiwal. All the sentences were ordered to run concurrently and benefit of Section 382-B, Cr.P.C. Was also extended to him.
2. As a rule of consistency, since co-convicts of present petitioner-appellant, namely, Kashif, Maqbool Ahmad and Rab Nawaz, have already been allowed bail by this Court after suspending their sentence respectively on 02.08.2012 and 24.10.2012, the present petitioner is also allowed bail on the same grounds, and his sentence is ordered to be suspended subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- with one surety in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Bench. However, the petitioner-appellant shall be appearing in person before this Court on all subsequent dates of hearing till pendency of the main appeal.
3. To be heard alongwith Criminal Appeal No, 331 if 2008.
11. (A.S) .