SHAKEEL and 4 others vs STATE and another
This matter arises from a second petition for the suspension of sentence filed on behalf of the petitioner Sajid, seeking release on bail pending his substantive appeal against conviction under Section 302(b) of the Pakistan Penal Code 1860, wherein he was sentenced to imprisonment for life. The core legal question concerns whether the petitioner is entitled to suspension of sentence and release on bail on statutory grounds under Section 426 of the Code of Criminal Procedure 1898 due to the delayed fixation and hearing of his appeal. The Lahore High Court held that since the petitioner had served a substantial period of imprisonment exceeding three years, his appeal had not been fixed for hearing through no fault of his own, and he was not a previous convict or a hardened criminal, he met the statutory requirements for the suspension of his sentence. The court laid down the principle that under the relevant provisions of Section 426 of the Code of Criminal Procedure 1898, a convicted person whose appeal is not decided within the statutory timeframe without fault on their part is entitled to have their sentence suspended.
- Whether a convict is entitled to suspension of sentence on statutory grounds when an appeal is not fixed for hearing within a reasonable period?
- Can a prisoner seeking suspension of sentence under Section 426 of the Code of Criminal Procedure 1898 be granted bail if he is not a previous convict or hardened criminal?
- Does delay in the decision of an appeal not occasioned by the appellant form a valid ground for suspension of sentence?
- Section 302(b), Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
- Section 426, Code of Criminal Procedure 1898
ORDER
' This is 2nd petition for suspension of sentence on behalf of the petitioner; earlier petition i,e, Crl.Misc.No, 01 of 2012, filed by petitioner Sejid, was dismissed on merits by this Court vide order dated 21.03.2013.
2. Sajid, petitioner/appellant seeks suspension of sentence awarded to him by learned Additional Sessions Judge, Pakpattan. Sharif, vide judgment dated 29.08.2011, whereby, he was convicted under Section 302(b), PPC and sentenced to imprisonment for life with compensation of an amount of Rs, 100,000/ to be paid to the legal heirs of the deceased and in default to further undergo S.I. For six months in a private complaint for the offences under Sections 802,109,148 and 149, PPC in case FIR No, 222/2008 registered at Police Station City Pakpattan Sharif.. Benefit of Section 382-B, Cr.P.C. Was also given to the petitioner.
3. Learned counsel for the petitioner/appellant contended that petitioner/appellant was convicted and sentenced to imprisonment for life on 29.08.2011 and a period of more than three years and four months has lapsed 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.
4. Learned counsel for the complainant and learned Deputy Prosecutor General, Punjab have opposed this petition and prayed for its dismissal.
5. We have heard the arguments, advanced by learned counsel for the parties and perused the record with care.
6. It has been noticed that petitioner/appellant was convicted under Section 302(b), PPC and sentenced to imprisonment for life by learned Additional Sessions Judge, Pakpattan Sharif vide judgment dated 29.08.2011. Perusal of record further reveals that appeal of the A petitioner/appellant was filed on 12.09.2011 but the same has not been fixed for hearing till yet.
Keeping in view sub-clause (c) of sub-section (1A) of Section 426, PPC, petitioner is entitled for suspension of his sentence on the statutory ground.
7. Learned DPG has frankly conceded that petitioner/ appellant is neither previously convicted offender nor he is hardened, desperate or dangerous criminal.
8. 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,2,00,000/-, with two sureties 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.
(A.S) .