Iqbal @ Muhammad Iqbal vs The State
This matter concerns an application for the suspension of sentence and grant of bail pending appeal filed by the appellants, who were convicted by the Additional Sessions Judge-IV, Dadu, for offences punishable under Sections 337-A(i) and 337-L(ii) of the Pakistan Penal Code 1860. The appellants were sentenced to two years of rigorous imprisonment with 'Daman' on each count. The core legal question was whether the appellants were entitled to suspension of their sentence and release on bail during the pendency of their appeal, given the relatively short duration of the sentence and the likelihood of delay in the appeal's final hearing. The Court, noting that the aggregate sentence was two years and that the appeal would likely take time to be heard, held that the suspension of the impugned judgment was appropriate. Consequently, the Court granted the application, ordering the appellants' release on bail subject to the furnishing of surety. The principle laid down is that where a sentence is short and the appellate process is likely to be protracted, the suspension of sentence and release on bail is a permissible exercise of judicial discretion.
- Can a sentence be suspended and bail granted pending appeal when the sentence is of a short duration?
- Does the likelihood of delay in the hearing of an appeal justify the suspension of a sentence?
- Is the consent of the State a relevant factor in granting bail pending appeal?
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-L(ii), Pakistan Penal Code 1860
- Section 382(b), Code of Criminal Procedure 1898
ORDER
1. The facts in brief necessary for disposal of instant application is that the appellants on trial were found guilty for offence punishable u/ss 337-A(i) & 337-L(ii) PPC and were convicted and sentenced to undergo R.I for two years with 'Daman' of Rs.5000/- on each count payable to injured Mst. Rozina and Mst. Samina, in default thereof, to undergo S.I for one month more by learned Additional Sessions Judge-IV , Dadu vide his judgment dated 30.09.2020, which is impugned by the appellants before this Court, it is admitted to Regular hearing and in the meanwhile the appellants have sought for suspension of the operation of impugned judgment and their release on bail by way of listed application.
2. It is contended by learned counsel for the appellants that the conviction and sentence awarded to the appellants is short one and hearing of their appeal is not possible in near future. By contending so, he sought for suspension of the operation of the impugned judgment and release of the appellants on bail. In support of his contention he relied upon cases of Shah Hussain vs the State (PLD 1995 Karachi 209) and Khan Muhammad Mahar vs the State (2003 SCMR 22 )
3. Learned A.P.G for the State has recorded no objection to release of the appellants on bail pending disposal of their appeal.
4. I have considered the above arguments and perused the record.
5. The aggregate sentence awarded to appellants is two years with Daman on each count and those have been ordered to run concurrently with benefit of section 382(b) Cr.P.C; hearing of appeal of the appellants obviously would take time; therefore, the operation of impugned judgment is suspended. Consequently , the appellants are ordered to be release on bail subject to their furnishing surety in sum of Rs. 30,000/- each and PR bond in the like amount to the satisfaction of Additional Registrar of this Court.
6. The listed application is disposed of accordingly .