MISRI KHAN JATOI vs The STATE
This matter concerns an application filed under Section 426 of the Code of Criminal Procedure 1898, seeking the suspension of a sentence of three years rigorous imprisonment imposed upon the appellant following his conviction for an offence under Section 161 of the Pakistan Penal Code 1860, read with Section 5(2) of the Prevention of Corruption Act 1947. The core legal question before the court was whether the sentence of the appellant should be suspended pending the final adjudication of the criminal appeal, given the relatively short duration of the sentence and the anticipated delay in the appeal process. The court, without expressing any opinion on the merits of the appeal, held that the sentence should be suspended. The key principle laid down is that where a sentence is of a short duration and the preparation of the paper book and final adjudication of the appeal are not expected in the near future, the court may exercise its discretion to suspend the sentence and grant bail to the appellant pending the final outcome of the appeal.
- Can a sentence be suspended pending the final adjudication of a criminal appeal if the sentence is of a short duration?
- Is it appropriate to suspend a sentence without addressing the merits of the appeal?
- Does the delay in the preparation of the paper book justify the suspension of a sentence during the pendency of an appeal?
- Section 426, Code of Criminal Procedure 1898
- Section 161, Pakistan Penal Code 1860
- Section 5(2), Prevention of Corruption Act 1947
- Section 382-B, Code of Criminal Procedure 1898
ORDER
1. ' ANWAR HUSSAIN, J.---This is the Application under Section 426, Cr.P.C, filed in this Criminal Appeal, against the Judgment dated 26.4.2016, whereby the Appellant has been convicted for offence under Section 161, P.P.C. Read with Section 5 (2) Act-II of 1947, and sentenced to undergo Rigorous Imprisonment for Three years; Fine of Rs,25000/- (rupees twenty five thousand only) and in case of default of Fine the Appellant shall suffer Rigorous Imprisonment for three months more.
2. The benefit of Section 382-B, Cr.P.C., has been extended to the Appellant.
3. ' Learned Counsel for the Appellant contended that the sentence is short one and by relying upon 1999 SCM R 2589, prayed that the sentence be suspended. Per learned Counsel, this Appeal has already been admitted; paper book is under process and final adjudication of this Appeal is not expected in near future and Appellant has got case on merits in the matter.
4. ' Learned DDPP has opposed this Application.
5. Since the sentence is short one, for which reference is made to 1999 SCM R 2589, and the preparation of the Paper book and decision would take sufficient time. Therefore, without touching the merits and demerits of Appeal, I hereby suspend the sentence of the Appellant and direct that he be released on bail, during pendency of the Appeal, subject to furnishing solvent surety in the sum of Rs,200,000/- (rupees two lacy only) and PR Bond in the like amount to the satisfaction of Additional Registrar of this Court ' In view of the above this listed' application is disposed of.