Mst. SAFIA BIBI vs STATE etc
This criminal petition concerns an application for the suspension of sentence filed by the petitioner, Mst. Safia Bibi, who was convicted and sentenced to seven years of simple imprisonment under Section 338-C/34 of the Pakistan Penal Code 1860 and one year under Section 201/34 of the Pakistan Penal Code 1860 by the Additional Sessions Judge, Chichawatni. The core legal question was whether the petitioner, a female convict, was entitled to the suspension of her sentence and release on bail pending the final adjudication of her appeal, given the duration of her remaining sentence. The Lahore High Court, after reviewing the record and noting that the petitioner had a remaining sentence of over five years and seven months, held that the sentence was sufficiently short to warrant relief. Relying on established judicial precedents regarding the suspension of short sentences, the Court accepted the petition. It held that the absence of a likelihood of the main appeal being fixed for hearing in the near future, combined with the petitioner's gender, constituted valid grounds for granting bail, subject to the furnishing of a bail bond.
- Does a remaining sentence of over five years qualify as a short sentence for the purpose of suspension of sentence pending appeal?
- Is the gender of a convict a relevant factor when considering the suspension of a sentence pending appeal?
- Can a sentence be suspended when there is no immediate likelihood of the main appeal being fixed for hearing?
- Section 338-C, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 201, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
ORDER
The petitioner seeks suspension of sentence of simple imprisonment for seven years under Section 338- C/34,P .P.C. and one year simple imprisonment under Section 201/34, P.P.C., awarded to her vide judgment dated 31.01.2018 passed by the learned Additio nal Sessions Judge, Chichawatni, in case FIR No.39, dated 08.02.2017, ander Sections 302/338-C/201/109/34, P .P.C., Police Station Ghaziabad, Chichawatni, District Sahiwal.
2. Arguments heard. Record perused.
3. Report regarding served/unserved period of sentence of the petitioner including the remissions earned by him, if any, was called for from the Jail Superintendent concerned by this Court, according to which, the remaining sentence of the petitioner is 05-years, 07-months and 09-days as on 21.05.2019. Seeking guidance from the case- law laid down in Abdul Hameed vs. Muhammad Abdullah and others (1999 SCMR 2589 ) and Ilyas alias Billu vs. The State (2008 MLD 312) couple with the fact that the petitioner is a woman, the aforesaid remaining sente nce is considered to be short one, especially when there is no pi likelihood of the fixation of the main appeal in the near future for final decision. Besides, Honourable Supreme Court in numerous judgments held that short sentence is a good and valid ground to release the conv ict on bail. Keeping in view the announce ments made by the apex Court, which has the binding force, the petitioner is entitled to get the concession of bail; hence, this petition is accepted; petitioner's sentence is suspended and she is released on bail subject to her furnishing bail bond in the sum of Rs.
1,00,000/- (rupees one lacs only) with one surety in the like amount to the satisfacti on of Deputy Registrar (Judicial) of this Court, with the direction to continue appearing before this Court on each and every date of hearing till final i disposal of the appeal.