Farooq Hussain vs The State etc
This miscellaneous application was filed by the appellant, Farooq Hussain, seeking the suspension of his sentence of life imprisonment awarded by the trial court for the murder of Imran Khan. The core legal question was whether the appellant had made out a case for the suspension of his sentence pending the final disposal of his criminal appeal, given the evidentiary inconsistencies in the trial court's judgment. The Lahore High Court observed that while the appellant was convicted for the murder of Imran Khan, the prosecution's own case attributed the fatal injuries to other co-accused persons who had been acquitted. Furthermore, the court noted that no motive was established against the appellant, and the legal heirs of the other deceased victim had entered into a compromise. Holding that the conviction required a thorough reappraisal of evidence, the Court allowed the application, suspended the execution of the sentence, and granted bail to the appellant pending the final decision of the main appeal, subject to the furnishing of bail bonds.
- Can the execution of a sentence be suspended pending the final disposal of a criminal appeal when the conviction requires a reappraisal of evidence?
- Does the acquittal of co-accused persons to whom the fatal injuries were attributed provide grounds for the suspension of a sentence for the remaining accused?
- Is the absence of an established motive a relevant factor for the court to consider when deciding on the suspension of a sentence pending appeal?
- Section 302(b), Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
- Section 382-B, Code of Criminal Procedure 1898
Through instant miscellaneous application , Farooq Hussain (applicant/appellant) seeks suspension of execution of sentence awarded to him by learned trial court/Addl. Sessions Judge, Faisalabad vide judgment dated: 30.04.2019.
The detail of conviction and sentence is as under:- Conviction Sentence Under Section : 302
(b) PPC"Imprisonment for Life" as Taz'ir for committing Qatl-e-amd of Imran Khan with payment of compensation Rs.3,00,000/- to the legal heirs of Imran Khan (deceased) under Section 544-A Cr.P.C and said compensation has been ordered to be recovered as arrears of land revenue and in case of non- recovery of compensation as arrears of land revenue, to further undergo S.I. for six months.
Benefit under Section 382-B Cr .P.C. was also extended to the applicant.
2. After hearing learned counsel for the parties, learned Deputy Prosecutor General and going through the available record, it has been noticed that there are two deceased persons (i.e. Imran Khan and Mst. Saba Iqbal) and two injured ladies (i.e. Iqra Bibi and Jannat Bibi), in the case; role attributed to the applicant is that he caused firearm injury to Saba Iqbal (one of the deceased) only; he neither caused any injury to Imran Khan (one of the deceased) nor to "Iqra Bibi and Jannat Bibi" (injured ladies); during trial of the case , all the legal heirs of Saba Iqbal (deceased) effected compromise with present applicant and got recorded the same before learned trial court, which was accepted; Iqra Bibi and Jannat Bibi (aforementioned injured ladies) did not appear during trial of the case; even otherwise, Tariq (accused) to whom role of causing firearm injury to Jannat Bibi (injured lady), was attributed and Munawar (accused) to whom role of inflicting injuries to Iqra Bibi (injured lady), was attributed, have been acquitted by the learned trial court through same judgment; applicant has been convicted and sentenced by the learned trial court for committing murder of Imran Khan (deceased) only but as per own case of the prosecution, applicant did not cause any injury to Imran Khan (deceased) rather role of causing firearm injuries to said Imran Khan was attributed to Shabbir , Abid and Shahid (accused persons) but they all three have been acquitted by the learned trial court through same judgment dated: 30.04.2019. It has been catego rically observed by the learned trial court in the aforementioned judgment that neither motive was attributed to the applicant by the prosecution nor could be established against him during the trial.
3. In view of what has been discussed above, aforementioned conviction recorded against the applicant for committing murder of Imran Khan (one of the deceased) needs reappraisal of evidence, therefore, case of the applicant for suspension of execution of the sentence has been made out. Resultantly , instant miscellaneous application is allowed ; execution of the aforementioned sente nce awarded to Farooq Hussain (appl icant), is hereby suspended and he is ordered to be released on bail till final disposal of main criminal appeal, subject to his furnishing bail bonds in the sum of Rs.200 ,000/- (Rupees two hundred thousand only) with two sureties each in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court. However , applicant is directed to remain present before this Court on each and every date of hearing fixed in main criminal appeal.