Abdul Ghafoor vs State through Prosecutor General Punjab
This criminal miscellaneous application was filed by the petitioner Abdul Ghafoor seeking suspension of his sentence awarded by the trial court under Sections 324, 337-A(i), and 337-F(v) of the Pakistan Penal Code 1860, which was upheld with modification on appeal by the Additional Sessions Judge. The core legal question was whether the petitioner had made out a sufficient case for the suspension of his short sentence pending the final disposal of the main criminal revision petition. The Lahore High Court held that since the petitioner was awarded a short sentence of five years, had already served about one year of imprisonment, and the main revision was not likely to be fixed for hearing in the near future, a case for suspension of sentence was made out. The court accordingly allowed the petition and directed the release of the petitioner on bail subject to furnishing surety bonds, laying down the principle that the delivery of a short sentence coupled with delays in hearing the main challenge can justify the suspension of a sentence and grant of bail.
- Whether a convict undergoing a short sentence is entitled to suspension of sentence when the main revision petition is not likely to be heard in the near future?
- Can the execution of a sentence of imprisonment be suspended pending the disposal of a criminal revision petition?
- Section 324, Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
ORDER
Cr. Misc. No. 01 of 2020 Abdul Ghafoor , petitioner seeks suspension of sentence awarded to him by the learned Magistrate, Section, 30, Pindi Bhattian vide judgment dated 18.11.2019 in case FIR No. 294 dated 27.05.2016, offence under Sections 324, 337-A(i) and 337-F(v), PPC, registered at Police Station Saddar District Pindi Bhattian whereby he was convicted under Section 324, PPC and sentenced to five years alongwith fine Rs. 45, 000/- and in default whereof to further undergo simple imprisonment for two months. He was further convicted under Section 337-A (i) PPC and is sentenced to pay-daman Rs. 10,000/- to be paid to the victim Furqan Ali. He was also convicted under Section 337-F(v) and sentenced to pay daman Rs. 50,000/- to be paid to the injured/victim Furqan Ali. The petitioner preferred an appeal before the learned Addl. Sessions Judge, Pindi Bhattian which was dismissed vide order dated 09.01.2020, however , he acquitted the petitioner in of fence under Section 337-A (i); PPC.
2. Learned counsel for the petitioner submits that the sentence awarded to the petitioner is short and he has served about one year of his sentence; that there is no likelihood of hearing of main revision petition in near future.
3. On the other hand, learned Addl. Prosecutor General assisted by learned counsel for the complainant opposes this petition on the ground that the petitioner has been convicted by the learned trial Court after regular trial, the appeal filed by the petitioner against his conviction/sentence has been dismissed by the learned ASJ, Pindi Bhattian and as such, does not deserve for suspension of his sentence.
4. Heard. Record perused.
5. The petitioner has been convicted by the learned trial Court vide judgment dated 18.11.2019 and sentenced to undergo five years which is short one. The petitioner has served out about one year of his sentence. There is no likelihood of the fixation of the main criminal revision in near future. In these circu mstances, petitioner has made out a case for suspension of sentence. Consequently , this petition is allowed. The petitioner be released on bail subject to his furnishing bail bond in the sum of Rs. 1,00,000/- (rupees one lakh only) with one surety in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court. The petitioner shall appear before this Cour , on each and every date of hearing till the final disposal of the main revision petition.