2020 PCrLJN 143

MUHAMMAD RIAZ Versus State

Citation2020 PCrLJN 143

CourtLahore High Court

Judge(s)Malik Shahzad Ahmad Khan

ORDER

MALIK SHAHZAD AHMAD KHAN, J.--- Muhammad Riaz, petitioner, through the instant petition filed under section 426, Cr.P.C. has sought for suspension of his sentence and release on bail during the pendency of his appeal.

2. The petitioner was tried in case FIR No.516 dated 27.10.2014, offences under sections 302, 34, P.P.C. registered at Police Station Dera Rahim District Sahiwal and vide judgment dated 26.01.2016, passed by the learned Additional Sessions Judge, Sahiwal, the petitioner was convicted under section 302(b), P.P.C. and sentenced to life imprisonment as Ta'zir with fine of Rs.50,000/-, for committing qatl-i-amd of Shabbir Hussain (deceased). In default of payment of fine, he was directed to further undergo four months' simple imprisonment. The petitioner was directed to pay Rs.50,000/- to the legal heirs of the deceased as required under section 544-A, Cr.P.C. All the sentences were directed to run concurrently. Benefit of section 382-B, Cr.P.C. was also extended to the petitioner.

3. The petitioner seeks suspension of his sentence on the expiry of statutory period provided under section 426(1)(c), Cr.P.C.

4. I have noted that the petitioner was arrested in this case on 07.11.2014. The impugned judgment of conviction of the petitioner was passed on 26.01.2016 whereas the jail appeal was filed by the petitioner before this Court on 11.02.2016 and as such a period of almost four years has already elapsed from the date of passing of the impugned judgment and a period of three years and eleven months from the date of filing of the appeal by the petitioner before this Court has elapsed but the main appeal of the petitioner could not be decided so far. There is nothing on the record to suggest that the petitioner contributed towards the delay in the decision of his main appeal because not a single adjournment has been sought by the petitioner from this Court. The main appeal of the petitioner was firstly taken up on 13.06.2016 and thereafter the same could not be fixed for hearing and as such the delay in decision of the main appeal of the petitioner cannot be attributed to the petitioner. Moreover, there is nothing on the record to suggest that the petitioner is a hardened, desperate or dangerous criminal or he is a previously convicted offender for an offence punishable with death or imprisonment for life or is accused of an act of terrorism punishable with death or imprisonment for life.

5. Keeping in view all the above mentioned facts, the petitioner has earned the statutory right for suspension of his sentence and grant of bail as provided under subsection 1-A(c) to section 426, Cr.P.C.

6. In the light of above discussion, this petition is allowed, the sentence of the petitioner is suspended and the petitioner Muhammad Riaz is admitted to bail subject to his furnishing bail bonds in the sum of Rs.500,000/- (Rupees Five hundred thousand only) with one surety in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court. The petitioner is directed to appear before this Court on each and every date of hearing of his main appeal.

JK/M-52/L Petition allowed.