Riaz vs The State
This criminal appeal challenges the judgment of the Special Judge Anti-Terrorism convicting and sentencing the appellant to two years of rigorous imprisonment under various sections of the Pakistan Penal Code 1860 and the Anti-Terrorism Act 1997. Alongside the main appeal, the appellant filed an application seeking suspension of his sentence and release on bail pending the disposal of the appeal, on the ground that the awarded sentence is of a short duration and that he was on bail during the trial. The State prosecutor raised no objection to the suspension given the short sentence. The Sindh High Court held that since the sentence is short and the appeal is unlikely to be heard in the near future due to a heavy backlog of cases, the sentence ought to be suspended. The court accordingly allowed the application, suspended the conviction and sentence, and directed the release of the appellant on bail subject to furnishing surety.
- Can a sentence of two years be considered a short sentence for the purpose of suspension of sentence during the pendency of an appeal?
- Whether the execution of sentence can be suspended when the hearing of an appeal is likely to be delayed due to a heavy backlog of cases?
- Is a convicted person who was on bail during trial entitled to suspension of sentence when given a short term of imprisonment?
- Section 431, Pakistan Penal Code 1860
- Section 341, Pakistan Penal Code 1860
- Section 427, Pakistan Penal Code 1860
- Section 151, Pakistan Penal Code 1860
- Section 152, Pakistan Penal Code 1860
- Section 504, Pakistan Penal Code 1860
- Section 186, Pakistan Penal Code 1860
- Section 189, Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 398, Pakistan Penal Code 1860
- Section 337-L(2), Pakistan Penal Code 1860
- Section 6, Anti-Terrorism Act 1997
- Section 7, Anti-Terrorism Act 1997
ORDER
1. Urgent application disposed of.
2. Office objections shall considered at the time of hearing.
3. Exemption is granted subject to all just exceptions.
4. ABDUL MAALIK GADDI, J.---Through this appeal, the appellant has challenged the judgment dated 20.11.2018 passed by the learned Special Judge Anti Terrorism Shaheed Benazirabad and Sanghar at Nawabshah in Special Case No.38 of 2017, whereby learned trial court after full dressed trial convicted and sentenced the appellant in Crime No.254 of 2017 under sections 431, 341, 427, 151, 152, 504, 186, 189, 147, 148, 398, 337-L(2), P .P.C . read with sections 6/7 Anti-Terrorism Act of Police Station Sakrand District Shaheed Benazirabad, for two years without awarding any fine.
The appeal being statutory right of the appellant, is hereby admitted to regular hearing. Issue notice to APG. Call R & Ps and prepare paper book.
5. Through this application, the appellant seeks suspension of sentence and his release on bail on the ground that sentence awarded to him by the trial court is short one of two years and appeal will take sufficient time in its disposal. It is further contended that at the time of pronouncement of judgment, the appellant was on bail.
Ms. Sobia Bhatti, APG for the state present in court in some other matters, waives the notice of this application and recorded her no objection for suspension of the sentence on the ground that sentence is short one and appellant was convicted under bailable offence.
Admittedly, the appellant was convicted and sentenced to suffer R.I for two years by the trial court vide judgment dated 20.11.2018 which is short sentence and there is no likelihood that instant appeal may be heard and decided in near future due to backlog cases in the court, keeping in view the heavy backlog of cases pending in this Court. Moreover, there are number of authorities on this point in which the sentence awarded to the accused being short one has been suspended.
Accordingly, the application is allowed, the conviction and sentence awarded to the appellant is hereby suspended and he is released on bail subject to his furnishing solvent surety in the sum of Rs.50,000/- (Rupees Fifty thousand only) and PR Bond in the like amount subject to the satisfaction of Additional Registrar of this court.