MISRI KHAN vs STATE
This matter concerns an application filed under Section 426 of the Code of Criminal Procedure 1898 seeking suspension of sentence and grant of bail pending the final adjudication of a criminal appeal. The appellant had been convicted by the trial court for offences under Section 161 of the Pakistan Penal Code 1860, read with Section 5(2) of the Prevention of Corruption Act 1947, and sentenced to three years of rigorous imprisonment along with a fine. The core legal question was whether the sentence imposed upon the appellant should be suspended during the pendency of the appeal given the short duration of the sentence and the anticipated delay in the appellate process. The Court, without expressing any opinion on the merits of the appeal, held that because the sentence was of a short duration and the preparation of the paper book would require significant time, the sentence should be suspended. The Court granted bail to the appellant subject to the furnishing of solvent surety, establishing the principle that a short sentence coupled with the likelihood of delay in appellate proceedings constitutes valid grounds for suspension of sentence pending appeal.
- Does a short sentence of imprisonment constitute a valid ground for suspension of sentence pending appeal?
- Can a court suspend a sentence and grant bail pending appeal without examining the merits of the conviction?
- Is the anticipated delay in the preparation of the paper book a relevant factor for granting bail under Section 426 of the Code of Criminal Procedure 1898?
- 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. ' 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, PPC 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. The benefit of Section 382-B, Cr.P.C., has been extended to the Appellant.
2. ' 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.
3. ' Learned DDPP has opposed this application.
4. 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 lacs only) and PR Bond in the like amount to the satisfaction of Additional Registrar of this Court.
5. ' In view of the above this listed application is disposed of.