Abdul Jabbar alias Muhammad Iqbal vs State and another
This criminal petition was filed under Section 426 of the Code of Criminal Procedure 1898 by the applicant, Abdul Jabbar alias Muhammad Iqbal, seeking the suspension of his sentence and release on bail during the pendency of his main appeal. The applicant had been convicted under Section 302 of the Pakistan Penal Code 1860 and sentenced to seven years of rigorous imprisonment. The core legal question was whether the applicant was entitled to the suspension of his sentence on statutory grounds, given the delay in the adjudication of his appeal. The Lahore High Court observed that the applicant had been incarcerated for over two years since filing his appeal and had not contributed to the delay in its disposal. Relying on established judicial precedents, the Court held that the suspension of a sentence is the rule, while its refusal is an exception. Consequently, the Court allowed the petition on statutory grounds, suspending the applicant's sentence and granting him bail, subject to the furnishing of bail bonds to the satisfaction of the Deputy Registrar (Judicial).
- Is the suspension of a sentence during the pendency of an appeal considered a rule or an exception?
- Can a sentence be suspended on statutory grounds when the appellant has not contributed to the delay in the appeal's disposal?
- Section 426, Code of Criminal Procedure 1898
- Section 302, Pakistan Penal Code 1860
- Section 320, Pakistan Penal Code 1860
ORDER
By moving this petition in terms of Section 426, Cr.P.C., Abdul Jabbar alias Muhammad Iqbal applicant/appellant has prayed for suspension of sentence and release on bail during pendency of main appeal, mainly on statutory ground.
2. It has been maintained by learned counsel for the applicant/appellant that appellant was convicted in case F.I.R.
No. 473/2014 dated 13.09.2014 offence u/S. 302 P.P.C., registered at Police Station City Noor Shah, District Sahiwal vide judgment dated 21.02.2017 passed by learned Additional Sessions Judge, Sahiwal and sentenced to seven years rigorous imprisonment under Section 320 P.P.C. and the applicant/ap pellant has filed appeal against that conviction judgment on 13.07.2017 but till date appeal has not been decided.
3. Arguments heard. Record perused.
4. The appellant/applicant was convicted vide judgment dated 21.02.2017 and appeal was filed on 13.07.2017. As such, the appellant is in jail for a period of more than two years. There is no hope of early A hearing of the appeal.
The record reveals that appellant has not contributed towards delay in decision of appeal. In case Naveed alias Navidi v. The State' (2011 P.Crl.J. 1971 Lahore) Division Bench of this Court, while interpreting Section 426 (1-A), Cr.P.C. relying on case Liaqat and another vs. The State' (1995 SCMR 1819 ) observed that suspension of sentence is a rule and its refusal is an exception.
5. As such, without touching the merits of case instant petition is allowed on statutory ground and sentence of applicant/appellant is suspended and he is ordered to be released on bail subject to furnishing his bail bonds in the sum of Rs. 2,00,000/- with one surety in the like amount to the satisfaction of Deputy Registrar (Judicial )- of this Court. The applicant/appellant will appear before this Court on each and every date of hearing till final disposal of main appeal.