Yasir Rauf vs State etc
This criminal miscellaneous petition was filed by the convict, Yasir Rauf, seeking the suspension of his sentence awarded by the Sessions Judge, Bhakkar, in a case involving charges under the Pakistan Penal Code 1860. The petitioner had been convicted and sentenced to life imprisonment for an offence under Section 302(b), Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to the suspension of his sentence and release on bail pending the final adjudication of his appeal. The Court observed that the petitioner had remained incarcerated for more than three years and nine months, thereby satisfying the statutory criteria for bail under Section 426(1-A)(e), Code of Criminal Procedure 1898. Furthermore, the Court noted that the injury attributed to the petitioner was not the cause of death, and the co-accused alleged to have caused the fatal injury had been acquitted. Consequently, the Court held that the petitioner had established a case for suspension of sentence both on statutory grounds and on merits, and ordered his release on bail subject to furnishing bail bonds.
- Does a convict who has served more than three years of imprisonment have a statutory right to suspension of sentence under Section 426(1-A)(e) of the Code of Criminal Procedure 1898?
- Can a sentence be suspended pending appeal if the injury attributed to the convict was not the cause of death?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 337-D, Pakistan Penal Code 1860
- Section 337-F(iii), Pakistan Penal Code 1860
- Section 337-F(v), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 302(b), Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
- Section 382-B, Code of Criminal Procedure 1898
- Section 426(1-A)(e), Code of Criminal Procedure 1898
ORDER
Crl. Misc. No. 2 of 2018 Through this, Crl. Miscellaneous, the convict/petitioner Yasir Rauf seeks suspens ion of his sentence awarded by learned Sessions Judge, Bhakkar , vide judgment dated 19.09.2015 on the conclusion of his trial in case/FIR No. 63 dated 29.02.2012, offence under Sections 302/324/337-D/337-F(iii)/337-F(v)/148/149, PPC, at Police Station City Bhakkar . The learned trial Court while acquitting the co-accused Ishtiaq Ahmad, Shahid Rauf and Tanveer Ahmad, convicted and sentenced the petitioner/appellant through the impugned judgment as under: Under Section/302(b),PPC "Imprisonment for life alongwith compensation Rs. 3,00,000/-payable to the legal heirs of the deceased as required under Section 544-A, Cr.P.C. and in case of default, the convict shall undergo further imprisonment for six (06) months. The convict is also given benefit of Section 382-B, Cr .P.C.
2. Arguments heard and record perused.
3. After hearing learned counsel for the parties, Deputy Prosecutor General for the state and going through the record it is observed that the petitioner/appellant was convicted and sentenced as stated above. He filed appeal against the said judgment on 29.09.2015. Since the petitioner is behind the bars for more than three years and 09 months. The petitioner has earned statutory right for his release on bail, pending appeal, under Section 426(1-A)
(e), Cr.P.C. It has also been noticed that injury attributed to the petitioner , is not cause of death, The co-accused saddled with the case, for causing fatal injury-had been acquitted, therefore, even on merits, the petitioner , has successfully made out, his case, for his release on bail through suspension of his sentence. Resultantly , the instant-petition is allowed, sentence awarded to the appellant/petitioner Yasir Rauf is suspended and he is ordered to be released on bail, subject to his furnishing bail bonds in the sum of Rs. 2,00,000/-(Rupees two lac only) with one surety in the like amount to the satisfaction of Deputy Registrar (Judicial). He be directed to appear before this Court on each and every date of hearing till the final decision of main appeal.
Main Case
4. Relist.