NAZAR HUSSAIN and another vs STATE and another
This criminal miscellaneous petition was filed by the petitioners, Nazar Hussain and Qaswar, seeking the suspension of their sentences of three years rigorous imprisonment awarded by the Additional Sessions Judge, Kabirwala, in a cross-version case registered under Sections 337-F(v), 337-A(i), 506, 447, 148, and 149 of the Pakistan Penal Code 1860. The core legal question before the High Court was whether the petitioners were entitled to the suspension of their sentences pending the final adjudication of their appeal. Upon reviewing the record, the Court observed that the appeal was filed in 2017 and, given the relatively short duration of the sentences imposed, there was a significant likelihood that the petitioners would complete their entire term of imprisonment before the appeal could be decided on its merits. Consequently, the Court allowed the petition, suspended the quantum of sentences, and directed the release of the petitioners on bail, subject to the furnishing of bail bonds to the satisfaction of the Deputy Registrar (Judicial). The Court emphasized the principle that suspension of sentence is appropriate when the appeal is unlikely to be heard before the sentence is served.
- Is the suspension of a sentence justified when the duration of the sentence is short and the appeal is unlikely to be decided before the sentence is served?
- Can a court grant bail to convicts pending the adjudication of their criminal appeal?
- Section 337-F(v), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 506, Pakistan Penal Code 1860
- Section 447, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
ORDER
1. Criminal Miscellaneous No, 1 of 2017 Through this miscellaneous petition, the Petitioners Nazar Hussain and Qaswar have sought suspension of their sentences awarded to them by the learned Addl. Sessions Judge, Kabirwala vide judgment dated 24.02.2017 passed in a cross-version of case FIR No, 56/2011, dated 14.11.2011 recorded u/Sections 337-F(v), 337-A(i), 506, 447, 148/149, PPC, Police Station Nawan Shehr, District Khanewal.
2. Petitioner No, 1-Nazar Hussain.
3. Under Section 337-F(v), PPC. Sentenced to three years R.I. with payment of Rs,25000/-as "Daman" to Mukhtiar Ahmad injured. Benefit of Section 382-B, Cr.P.C. was given to the convict.
4. Petitioner No, 2-Qaswar.
5. Under Section 337-F(v), PPC. Sentenced to three years R.I. with payment of Rs,25000/- as "Daman" to Mazhar injured. Benefit of Section 382-B, Cr.P.C., was given to the convict.
6. In default of payment of "Daman" both the convicts shall remain in jail.
2. After hearing the learned counsel for the parties and going through the impugned judgment dated 24.02.2017, it has been noticed that appeal of petitioners/appellants is pertaining to the year 2017, therefore, keeping into consideration the length of sentence i,e, three years, there is every likelihood that they would serve out their entire sentence before the decision of their appeal.
7. Resultantly, the instant petition is allowed, the quantum of sentences imposed upon the petitioners is suspended and they are released on bail subject to their furnishing bail bond in the sum of Rs, 1,00,000/- (Rupees one hundred thousand only) each with one surety, each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court. The petitioners are directed to appear before this Court during pendency of the main appeal on each and every date of hearing of their appeal.