MUHAMMAD AZAM vs STATE and another
This matter comes before the Lahore High Court through a petition filed under Section 426 of the Code of Criminal Procedure 1898, wherein the petitioner Muhammad Azam sought the suspension of his sentence of imprisonment for life awarded by the Additional Sessions Judge, Dunya Pur on 22.10.2016 under Section 302(b) of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to the suspension of his sentence and release on bail pending his appeal. The Court held that the petitioner's sentence should be suspended and he be released on bail. The ratio of the decision is that where an appeal has remained pending for a statutory period without disposal, resulting in the accrual of a statutory right to bail, and where the accused has no previous criminal record, is not a desperate criminal, and the legal heirs of the deceased have no objection to the petition, the sentence may be suspended pending the final disposal of the appeal.
- Whether the sentence of a convict can be suspended under Section 426 Cr.P.C. when the appeal remains pending for a long period?
- Does the accrual of a statutory right to bail warrant the suspension of sentence during the pendency of an appeal?
- Can the lack of a previous criminal record and the non-objection of legal heirs form valid grounds for suspending a sentence?
- Section 426, Code of Criminal Procedure 1898
- Section 302(b), Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
- Section 382-B, Code of Criminal Procedure 1898
ORDER
C.M. No. 02 of 2018.
Through this petition under Section 426 Cr.P.C. Muhammad Azam petitioner seeks suspension of his sentence awarded to him by the learned Additional Sessions Judge, Dunya Pur vide judgment dated 22.10.2016, whereby he was convicted and sentenced as under: Convicted under Section 302(b) PPC and sentenced to imprisonment for life and to pay Rs.2,00,000/- under Section 544-A Cr.P.0 to legal heirs of deceased and in case of default to further undergo SI for four months.
Benefit of Section 382-B Cr . P.0 was also extended to petitioner .
2. Heard. Perused.
3. Admittedly , petitioner was convicted and sentenced on 22.10.2016 and he preferred his appeal through his counsel on 17.11.2016 which is still pending and has not been disposed of so far. Statutory right to be released on bail has also accrued to petitioner .
Moreover , there is no record of previous conviction of petitioner in any such like case nor he, in any stretch of imagination can be termed as hardened, desperate or dangerous criminal. Further , learned counsel for complainant submits that complainant of the case in question has died and legal heirs of deceased have no objection on acceptance of this petition. All the above noted facts need re-appraisal of evidence.
4. For the above-stated reasons, I am inclined to suspend the sentence of petitioner Muhammad Azam and he be released subject to furnishing bail bonds 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.