RABNAWAZ vs STATE, and another
This matter concerns a petition filed under Section 426 of the Code of Criminal Procedure 1898, seeking the suspension of the execution of a sentence imposed by the trial court. The petitioner was convicted under Sections 302(b), 376, and 201 of the Pakistan Penal Code 1860, receiving life imprisonment and other terms of rigorous imprisonment. The prosecution's case rested entirely on circumstantial evidence, including the theory of 'last seen,' an extra-judicial confession, and alleged recoveries, following a six-day delay in reporting the incident. The core legal question was whether the petitioner was entitled to the suspension of his sentence pending the final disposal of his appeal. The Court held that the evidence required re-appraisal, noting the delay in reporting and the lack of evidence suggesting the petitioner was a hardened criminal. Furthermore, the Court observed that the petitioner had earned a statutory right to bail due to the delay in the appeal process, which was not attributable to him. Consequently, the Court suspended the execution of the sentence and granted bail, emphasizing the right to liberty pending appeal when the final hearing is not in immediate sight.
- Is a convict entitled to suspension of sentence pending appeal when the final hearing is not in sight?
- Does a delay in the disposal of an appeal not attributable to the convict entitle them to bail under Section 426 of the Code of Criminal Procedure 1898?
- Can a sentence be suspended where the prosecution case rests entirely on circumstantial evidence that requires re-appraisal?
- Section 426, Code of Criminal Procedure 1898
- Section 302(b), Pakistan Penal Code 1860
- Section 376, Pakistan Penal Code 1860
- Section 201, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
ORDER
C.M No. 1 of 2017 Through this petition under Section 426 Cr.P.C; Rabnawaz convict has sought suspension of execution of his sentence imposed by learned Addl: Sessions Judge, Khanewal vide judgment dated .08.04.2017 whereby petitioner-appellant was convicted and sentenced as under:- Under Section 302(b) PPC imprisonment for life with compensation Rs. 1,00000/- to the legal heirs of deceased and in default of payment further undergo 06 months S.I.
Under Section 376 PPC 10 years R.I with fine of Rs.20,000/- and in default of paym ent further undergo SI for three months.
Under Section 201 PPC to R.I 02 years with fine of Rs. 10,000/-and in default to further undergo for one month S.I.
All the sentences were directed to run concurrently . He was extended benefit of Section 382-B Cr .PC.
2. Heard. Impugned judgment has been gone through.
3. As per prosecution case deceased Shahnaz Bibi alias Shani disappeared on 26.09.2012 at 5:00 P.M when she went to fields in order to cut the grass. On 02.10.2012 her dead body was seen lying in the fields of cotton.
Thereafter case was got registered on 02.10.2012 and the prosecution case was structured on circumstantial evidence, like last seen, extra judicial confession and recoveries. Co-accused of the petitioner had died during pendency of the trial. Admittedly , there was delay of 6 days, in reporting the incident. Till recovery of dead body/crime was not reported by anybody . In the above backdrop, evidence produced in this case needs re- appraisal. Apart from the above, 'petitione r has also earned statutory right of being released on bail. Appeal in this case was filed on 24.04.2017. Final hearing of appeal in hand in near future is not in sight. Petitioner is not contributory towards delay in disposal of appeal in hand. There is , nothing on record to show that petitioner is a hardened or desperate criminal. In this state of affairs, this petition is accepted and execution of sentence of the petitioner is suspended. He be released on bail subject to his 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 Bench. However , petitioner will appear before this Court on each and every date of hearing till final disposal of this appeal.