MASOOD AHMAD vs THE STATE
This matter concerns an application for post-arrest bail pending the final decision of a criminal appeal (Crl.A.6(S)/82). The convict-appellant, having already served nine months of rigorous imprisonment in addition to the one-year sentence awarded in appeal, sought bail primarily on the basis that the remaining sentence of whipping should be set aside due to the duration of imprisonment already undergone. The Supreme Court, noting that the question regarding the potential setting aside of the whipping sentence required further determination, granted the bail application. The Court held that the applicant is entitled to release pending the final adjudication of the appeal, subject to the provision of bail and surety bonds. The key principle established is that where a convict has served a substantial portion of their sentence and raises a valid legal question regarding the appropriateness of the remaining sentence (such as whipping), the court may exercise its discretion to grant bail pending the final disposal of the appeal, provided the applicant remains available to receive any sentence upheld or modified by the final judgment.
- Can a convict-appellant be granted bail pending the final decision of an appeal if they have already served a significant portion of their sentence?
- Is a sentence of whipping subject to judicial review or potential setting aside when a convict has served additional imprisonment beyond the awarded term?
ORDER
1. MUHAMMAD AFZAL ZULLAH, J.-- The appeal out of which this application for bail arises(Crl.A.6(S)/82) having been heard at length, we have reserved the judgment therein. Learned counsel states that the convict-appellant has served nine months' R.I. In addition to the awarded (in appeal) sentence of R.I. Which was only of one year. He has argued that the remaining sentence of whipping can and should be set aside on account of the other than the awarded, i,e, additional sentence of nine months, served by the applicant. The question raised requires determination. Accordingly the applicant is allowed bail subject to his furnishing a bail bond and two surety bonds by two sureties in the amount of Rs,10,000 (ten thousand only) each (the sureties shall be responsible severally as also jointly) with the condition that if and when required to do so the applicant shall present himself for receiving the sentence if any, in accordance with the final decision in the appeal.