Farhan Ali and others vs The State and others
This criminal miscellaneous petition was filed under Section 426 of the Code of Criminal Procedure 1898, seeking the suspension of a sentence of life imprisonment awarded to the petitioner, Muhammad Farhan Ali, by the Additional Sessions Judge, Shakargarh. The petitioner was convicted in a private complaint case involving charges under the Pakistan Penal Code 1860, including Section 302(b). The core legal question was whether the petitioner was entitled to the suspension of his sentence pending the final adjudication of his appeal. Upon reviewing the record, the Court observed that the injury attributed to the petitioner was not declared the cause of death, no recovery was made from him, and the motive remained unproven during the trial. Applying the principle that the criteria for suspending a sentence under Section 426 of the Code of Criminal Procedure 1898 are analogous to the principles of bail under Section 497 of the Code of Criminal Procedure 1898, the Court held that the petitioner had established a case for further inquiry. Consequently, the Court allowed the petition and suspended the sentence subject to the petitioner furnishing bail bonds.
- Are the principles for the suspension of sentence under Section 426 of the Code of Criminal Procedure 1898 analogous to the principles of bail under Section 497 of the Code of Criminal Procedure 1898?
- Can a sentence of life imprisonment be suspended pending the final decision of an appeal where the prosecution fails to prove motive and recovery?
- Section 426, Code of Criminal Procedure 1898
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 337-D, Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 337-F(ii), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 302(b), Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
- Section 497, Code of Criminal Procedure 1898
ORDER
Crl. Misc. No.01/2022 MUHAMMAD AMJAD RAFIQ, J.---Through this petition under Section 426, Cr.P.C. petitioner Muhammad Farhan Ali has sought the suspension of sentence awarded to him by the learned Additional Sessions Judge, Shakargarh vide judgment dated 29.03.2022 passed in private complaint recorded under sections 302/ 324/ 337-D/ 337-F(i)/ 337-F(ii)/ 337-A(i)/ 148/149 and 34, P.P.C. in case FIR No.253 dated 18.10.2019 at Police Station Noor Kot Shakargarh District Narowal, whereby he was sentenced as under:- Imprisonment for life under section 302(b), P.P.C. with compensation of Rs.20,00,000/- each, in default thereof, to further undergo simple imprisonment for six months each.
Benefit of Section 382-B, Cr.P.C. was extended.
2. Heard. Record perused.
3. The petitioner was charged under the allegation of causing an injury on the head of deceased with hatchet which injury was observed by the doctor measuring 5x1 cm with a skin cut and such injury has not been declared as cause of death. During investigation nothing was recovered from the petitioner; even motive has not been proved during the trial. The petitioner is behind the bars since 29.03.2022; his criminal liability is open to assess at the time of reappraisal of evidence while hearing the main appeal. Therefore, at present Court cannot go deep into the evidence which is not permissible. I have sought guidance from the dictum laid down in cases "Mazhar Ahmed v.
The State and another" (2012 SCMR 997) and "Iftikhar Ahmed v. The State and others" (2014 SCMR 7) wherein it was held; "It is well settled that the principles for suspension of sentence under section 426, Cr. P.C. are analogous to the principles of bail in terms of section 497, Cr. P. C. "
4. In view of what has been discussed above petitioner has made out a case for further inquiry, therefore, the petition in hand is allowed, impugned judgment dated 29.03.2022 is hereby suspended till the final decision of his appeal subject to furnishing bail bonds in the sum of Rs.200,000/- with one surety in the like amount to the satisfaction of the Deputy Registrar (Judl.) of this Court. The petitioner is directed to remain incessant in appearing before the Court on each and every date of hearing in the appeal.