MUHAMMAD ASLAM vs STATE and another
This matter concerns an application for suspension of sentence pending appeal filed by the petitioner, Muhammad Aslam, who was convicted under Sections 324 and 337-F(v) of the Pakistan Penal Code 1860. The petitioner was convicted following a private complaint, despite the police investigation initially finding him innocent in the FIR. The trial court acquitted the petitioner of murder charges but convicted him for a murderous assault on the injured witness. The core legal question was whether the petitioner was entitled to suspension of sentence pending the final adjudication of his appeal. The Court observed that the trial court had acquitted the petitioner of the major charges and that the prosecution's case relied on a private complaint filed eighteen months after the incident, which contradicted the initial police findings. Furthermore, the petitioner remained on bail throughout the trial without misusing the concession. Consequently, the Court held that the sentence should be suspended, establishing the principle that where an accused has remained on bail during trial without misuse and the conviction rests on questionable evidence, suspension of sentence is appropriate.
- Is a convict entitled to suspension of sentence pending appeal if they remained on bail during the trial without misusing that concession?
- Can a trial court convict an accused on the basis of a private complaint after the police investigation initially found the accused innocent?
- Section 324, Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
CM. No. 1 of 2019 Through this application Petitioner Muhammad Aslam seeks suspension of the sentence awarded to him by the learned Additional Sessions Judge, Multan, vide judgment dated 4-9-2019 passed in a private complaint titled "Muhammad Riaz v. Mumtaz Hussain etc" in case FIR No. 264/2016 dated 6-5-2016 registered at Police Station Alpa, District Multan.
The Petitioner/Appellant has been convicted and sentenced as under: i) Under Section 324 PPC: Rigorous imprisonment for seven years and fine of Rs. 100.000/- and in default thereof to undergo simple imprisonment for a further period of four months. ii) Under Section 337-F(v), PPC: Rigorous imprisonment for five years and to pay compensation in the sum of Rs.
150,000/- to Hazoor Bakash.
The sentences were ordered to run concurrently.
2. The learned counsel for the Petitioner contends that the trial Court has grossly misread the evidence which has caused serious miscarriage of justice.
As such, the impugned judgment dated 4-9-2019 is not sustainable. He prays that this application may be accepted and the Petitioner/Appellant be released on bail till the final decision of his appeal.
3. The learned Law Officer assisted by the learned counsel for the Complainant has vehemently opposed this application and prayed for its dismissal.
4. Arguments heard. Record perused.
5. The unfortunate incident in which Muhammad Ijaz was killed and Hazoor Bakhsh was injured took place on 6.5.2016 at about 05:00 p.m. Muhammad Riaz (PW-1) lodged FIR No.264/2016, supra, in respect of the occurrence in which he nominated four persons, namely, Munir alias Amin, Sajjad, Muhammad Amin and Muhammad Aslam (the Petitioner). The police investigated the case and found that the Petitioner was innocent.
On 27 11.2017, i.e. 18 months and 18 days after the happening the Complainant instituted a private compliant with altogether a new version of the incident. He even increased the number of accused from four to six. The learned Additional Session Judge has strongly criticized the second version and rejected the Complainant's explanation for disowning the first one. He has disbelieved major portion of the prosecution evidence and has acquired Sajjad and Mumtaz Hussain who were accused of firing fatal shots, at Muhammad Ijaz deceased. He has also held that even the Petitioner and his co-convict Munir alias Amin are not vicariously liable for his murder and has acquitted them of charge under Sections 302/109/148/ 149 PPC. The question arises as to whether on the same evidence the learned trial Court was justified in, convicting the Petitioner for making murderous assault on Hazoor Bakhsh and sentencing him under Sections 324 & 337-F(v), PPC.
6. From the perusal of Paragraph No.61 of the impugned judgment it appears that, the Petitioner was on bail during the trial and there is no allegation that he misused the concession.
7. In view of the foregoing, this application is accepted. The Petitioner's sentence is suspended and he is released on bail subject to his furnishing bail bond in the sum of Rs. 300,000/- (Rupees three hundred thousand) with one surety in the like amount to the satisfaction of the learned trial Court.
8. The Petitioner shall attend the Court on each and every date of hearing till the final disposal of the appeal.