Pakistan Case Law
1971 SCMR 657

MAQSOOD vs ALI MUHAMMAD AND Another

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Citation1971 SCMR 657
CourtSupreme Court of Pakistan
Case No.Petition for Special Leave to Appeal No. 183 of 1971 Cr. Misc. No. 1187/B of 1971
Date1971-10-08
Judge(s)Hamoodur Rahman, C. J. and Salahuddin Ahmed
ResultLeave refused
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition for special leave to appeal was filed by the complainant challenging the order of the High Court of Lahore, which suspended the sentence of the respondent and released him on bail pending his appeal. The respondent, who had been convicted of an offence carrying transportation for life, was granted bail by the High Court under Section 426 of the Code of Criminal Procedure 1898 on the grounds of old age and illness, supported by a medical report. The petitioner contended that Section 426 did not permit bail and, alternatively, that the High Court could not suspend the sentence without first calling for and perusing the trial record. The Supreme Court of Pakistan dismissed the petition, holding that Section 426 explicitly empowers the appellate court to suspend a sentence and release a convict on bail pending appeal. The Court further ruled that there is no statutory requirement under Section 426 to call for the record before suspending a sentence. Additionally, the Court laid down the principle that the statutory exceptions for sick or infirm persons under Section 497 of the Code serve as appropriate guidelines for exercising judicial discretion under Section 426.

Questions settled in this judgment
  • Does Section 426 of the Code of Criminal Procedure 1898 empower an appellate court to release a convicted person on bail pending appeal?
  • Is the appellate court required to call for and peruse the trial record before suspending a sentence under Section 426 of the Code of Criminal Procedure 1898?
  • Can the statutory guidelines for granting bail to sick or infirm persons under Section 497 of the Code of Criminal Procedure 1898 be applied to the suspension of sentences under Section 426?
Laws & provisions referred
  • Section 426, Code of Criminal Procedure 1898
  • Section 426(1), Code of Criminal Procedure 1898
  • Section 497, Code of Criminal Procedure 1898
  • Section 497(1), Code of Criminal Procedure 1898
suspension of sentencepost-conviction bailmedical groundsold ageappellate jurisdictionexercise of discretion

1. HAMOODUR RAHMAN, C. J.-The respondent in this case was tried and convicted by the Sessions Judge, Bahawalnagar, on the 12th April 1971, along with three others. He was sentenced along with one Ashraf to transportation for life and a line of Rs. 2,00() or in default further rigorous imprisonment of six months. Their appeal has been admitted for hearing by the High Court at Lahore. In the meantime, respondent, Ali Muhammad, applied under section 426, Cr. P. C. For the suspension of his sentence on the ground of illness and old age.

2. A Division Bench of the High Court called for a report from the Doctor-in-Charge of the Jail Hospital.

3. The report disclosed that the said respondent was 75 years old and was suffering from active arthritis and urinary infection. He was also reported to be suffering from Hypertension and swollen and painful joints. After perusal of this report the High Court suspended his sentence on condition that he furnished a bond in the sum of Rs. 10,000 with one surety in the like amount to the satisfaction of the Assistant Commissioner, Bahawalnagar.

4. The complainant has now come up to this Court for special leave to appeal and it is contended on his behalf that under section 426, Cr. P. C. No bail can be granted. This is clearly incorrect for subsection (1) of section 426, Cr. P. C. Itself states that pending an appeal by a convicted person the appellate Court may order the suspension of the sentence and also if he is in confinement order his release on bail or on his own bond. The next contention advanced by the learned Advocate is that in any event under this section no bail can be granted or order of suspen--sion of sentence made unless the record has first been called for and perused by the High Court. This contention also is without any substance because no such limitation has been laid down in section 426, Cr. P. C.

5. The appeal, as already pointed out, has been admitted for regular hearing and, therefore, is pending before the High Court. The High Court clearly, therefore, possessed the jurisdiction under section 426, Cr. P. C. To make the order of suspension and to enlarge the respondent on bail.

6. The discretion exercised by the High Court is also, in our opinion, in the facts of this case proper.

7. Under the proviso to subsection (1) to section 497 a sick or infirm person may be released on bail even where there are reasonable grounds forbelieving that he has been guilty of an offence punishable with death or transportation for life. It is now well settled that where a statute itself lays down certain principles for doing some acts they l, may be taken as a guideline for doing something of the same nature which is in the discretion of the Court.

8. There is no substance at all in this petition which is accordingly dismissed.

Cited by 25 cases

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