Khadim Hussain and another vs The State and another
The petitioners sought the suspension of their sentence of seven years' rigorous imprisonment awarded under Section 201 of the Pakistan Penal Code 1860 by the trial court, having been acquitted of charges under Sections 364-A, 302, 148, and 149 of the Pakistan Penal Code 1860. The core legal question was whether the petitioners were entitled to the suspension of their sentence and release on bail pending their appeal, given that they had already served more than half of their substantial sentence and that an early hearing of the main appeal was unlikely. The Lahore High Court held that the petitioners had made out a case for suspension of sentence due to the prolonged incarceration and the unlikelihood of the main appeal being fixed in the near future. The court laid down the principle that where a convict has served a substantial portion (more than half) of their sentence and the appeal is not likely to be heard soon, the sentence may be suspended and bail granted.
- Can the sentence of a convict be suspended when they have served more than half of their substantial sentence and the appeal is not likely to be heard in the near future?
- Whether the unlikelihood of a speedy hearing of the main appeal constitutes a sufficient ground for the suspension of sentence under criminal jurisprudence?
- Section 201, Pakistan Penal Code 1860
- Section 364-A, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 363, Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
- Section 382-B, Code of Criminal Procedure 1898
ORDER
' SHEHRAM SARWAR CH., J. -- Cr. Misc. No, 1 of 2016 Khadim Hussain and Manzoor Hussain, petitioners seek suspension of sentence awarded to them by the learned Additional Sessions Judge, Sahiwal vide judgment dated 15.12.2015 in the private complaint lodged under Sections 364- A, 201, 302, 148 and 149, PPC in case F.I.R. No, 39/2012 offence under Section 363, PPC registered at Police Station, Kameer District Sahiwal whereby they were tried alongwith Asif Hussain, Sarfraz Hussain and Mst. Razia Bibi, convicted under Section 201, PPC and sentenced to imprisonment for seven years' R.I. With fine of Rs, 20,000/-each, in default whereof to further undergo imprisonment for three months' S.I. They were further directed to pay a sum of Rs, 30,000/- each under Section 544-A, Cr.P.C. To the complainant which shall be recovered as arrears of land revenue. Benefit of Section 382-B, Cr.P.C. Was extended to both the petitioners/appellants. However, they were acquitted of the charges under Sections 364-A, 302, 148 and 149, PPC by giving them benefit of doubt.
2. Learned counsel for the petitioners/appellants submits that Khadim Hussain and Manzoor Hussain, petitioners are behind the bars since 27.3.2012 and 25.1.2013, respectively; that they were convicted by the learned Trial Court vide judgment dated 15.12.2015 and sentenced to seven years'
R.I.; that the petitioners have served out about more than half of their substantial sentence; that there is no likelihood of hearing of main appeal in near future. Learned counsel places reliance on the case reported as "Makhdoom Javed Hashmi Vs. The State" (2007 SCM R 1844) and "Makhdoom Javed Hashmi Vs. The State" (2008 SCM R 165)
3. On the other hand, learned Deputy District Public Prosecutor assisted by learned counsel for the complainant opposes this petition on the ground that the petitioners/appellants have been convicted by the learned Trial Court after regular trial and as such, do not deserve for suspension of their sentence.
4. Heard. Record perused.
5. Khadim Hussain and Manzoor Hussain, petitioners/appellants are behind the bars since 27.3.2012 and 25.1.2013, respectively. They have been convicted by the learned Trial Court vide judgment dated 15.12.2015 and sentenced to undergo rigorous imprisonment for seven years. They have served out about more than half of their substantial sentence. There is no likelihood of the fixation of the main appeal in near future. In these circumstances, petitioners/appellants have made out a case for suspension of sentence. Consequently, this petition is allowed. The petitioners be released on bail subject to their furnishing bail bonds in the sum of Rs, 1,00,000/- (Rupees one lakh only) each with one surety each in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court. The petitioners shall appear before this Court on each and every date of hearing till the final disposal of the main revision petition.