FAYYAZ HUSSAIN vs STATE & another
This petition was filed under Section 426 of the Code of Criminal Procedure 1898, seeking the suspension of a sentence of life imprisonment awarded to the petitioner by the trial court in a murder case. The core legal question was whether the petitioner was entitled to the suspension of his sentence and release on bail pending the final adjudication of his appeal. The Court observed that the petitioner's appeal had been pending since 2016 without being decided on merits, and the petitioner had already undergone more than two years of incarceration following the filing of the appeal, thereby accruing a statutory right to bail. Furthermore, the Court noted that the petitioner's co-accused had been acquitted on the same evidence and the petitioner had no prior criminal record. Consequently, the Court held that the sentence should be suspended and the petitioner released on bail, establishing the principle that prolonged pendency of an appeal coupled with the accrual of statutory rights constitutes sufficient grounds for the suspension of sentence.
- Does the prolonged pendency of a criminal appeal entitle a convict to the suspension of their sentence?
- Can a convict be released on bail if they have served more than two years after filing an appeal?
- Is the acquittal of co-accused on the same set of evidence a relevant factor for the suspension of sentence of a remaining convict?
- Section 426, Code of Criminal Procedure 1898
- Section 302, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
- Section 34, Pakistan Penal Code 1860
ORDER
C.M. No. 01 of 2018.
Through this petition under Section 426 Cr.P.C, Fayyaz Hussain petitioner seeks suspension of his sentence awarded to him by learned Addl. Sessions Judge, Muzaf fargarh, vide judgment dated 30.01.2016 in case FIR No.250 dated 04.07.2007 u/S. 302, 34 PPC Police Station Sadar , Muzaf fargarh, whereby he was convicted and sentenced as under:- Convicted u/S. 302-B PPC and sentence d to suffer imprisonment for life as Ta'azir and to pay Rs.5,00,000/- as compensation to legal heir of deceased in default whereof to further undergo six months SI.
Benefit of Section 382-B . Cr . P.0 was also extended to petitioner .
2. Heard. Judgment perused.
3. Admittedly , petitioner was convicted and sentenced by learned trial Judge on 30.01.2015 and he preferred this appeal through jail authorities on 08.02.2016. Since then his appeal is pending and has not been disposed of on merits. He moved this C.M for suspension of sentence on 05.07.2018. Statutory right to be released on bail has also accrued to petitioner as he has undergone more than two years after filing appeal before this Court. His co- accused were acquitted on the same set of evidence. Perusal of file shows that appeal is pending since the year 2016 and has not been finally decided due to rush of work. Further , there is no record of previous conviction of petitioner in any such like case.
4. For the above-stated reasons, I 'am inclined to suspend the sentence of petitioner Fayyaz Hussain and he be released on bail subject to furnishing bail bones in the sum of Rs.200,000/- with one surety in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court. However , petitioner will appear before this Court on each and every date of hearing till Final disposal of this appeal.