KHALIL AHMED vs STATE and another
The petitioner, Khalil Ahmed, sought the suspension of his sentence of life imprisonment under the statutory ground provided in Section 426 of the Code of Criminal Procedure 1898, following his conviction under Section 302(b) of the Pakistan Penal Code 1860 by the trial court. The core legal question was whether the petitioner was entitled to suspension of sentence due to the delay in the disposal of his criminal appeal, exceeding two years without the appeal being fixed for hearing, pursuant to the statutory provisions. The Lahore High Court held that the petitioner fulfilled the requirements under proviso (1-A)(c) to Section 426 of the Code of Criminal Procedure 1898, as more than two years had lapsed since the filing of the appeal and no material was brought on record to show that he was a desperate or hardened criminal. Consequently, the petition was allowed, and the sentence was suspended during the pendency of the appeal subject to furnishing bail bonds. The key principle laid down is that a convict becomes entitled to statutory suspension of sentence under the Code of Criminal Procedure 1898 when the statutory delay threshold is met and they are not classified as a desperate or hardened criminal.
- Whether a convict is entitled to suspension of sentence on statutory grounds when the appeal has not been fixed for hearing within the statutory period?
- Does the delay in hearing an appeal against conviction under Section 302(b) of the Pakistan Penal Code 1860 warrant the suspension of sentence under Section 426 of the Code of Criminal Procedure 1898?
- What constitutes a disqualification for the grant of statutory suspension of sentence under proviso (1-A)(c) to Section 426 of the Code of Criminal Procedure 1898?
- Section 426, Code of Criminal Procedure 1898
- Section 302(b), Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
ORDER
1. Crl. Misc. No, 1/2016 ' Petitioner, Khalil Ahmed, seeks suspension of his sentence on statutory ground under Section 426 Cr.P.0 awarded by the learned Addl. Sessions Judge. Muzaffargarh vide judgment dated 29.04.2014 convicting him under Section 302(b) PPC and sentenced to life imprisonment with fine of Rs, 50,000/- and in case of default of payment of fine to further undergo simple imprisonment for six months, in case FIR No, 282 dated 05.07.2012 under Sections 302, PPC registered at Police Station Qureshi District Muzaffargarh.
2. 2.Arguments heard. File perused.
3. 3.After hearing the learned counsel for the petitioner as well as the complainant and the learned D.D.P.P., it is straightway observed that the allegation against the petitioner as per the complaint (Exh.PH), is that on 05.07.2012, complainant along with his brother, Khadim Hussain, was attacked by the petitioner who made straight fire at Khadim Hussain, hitting him on his chest, which shot went through and through. The motive behind the occurrence is the previous enmity. Although the petitioner is single accused person who is ascribed single fatal shot upon the deceased yet the fact remains that ever since filing of the appeal against conviction and sentence ,on 22.05.2014, the period of more than two years has lapsed and the appeal has not been fixed for hearing on any single date. Significantly, even the appeal was admitted for regular hearing on 15.03.2016. Under proviso (1-A)(c) to Section 426 Cr.P.0 in such like circumstances petitioner becomes entitled to suspension of sentence if he is not a desperate and hardened criminal. Learned counsel for the complainant has not been able to place any material on record which could disentitle the petitioner from the grant of suspension of his sentence on statutory ground. Without going into the merits of the appeal, this petition is allowed, sentence of the petitioner is suspended during the pendency of appeal and he shall be released subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- (One Lac Only) with two sureties each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court. However, the petitioner shall keep appearing before this Court on each and every date of hearing till the final disposal of this appeal.