JAMSHED AZAM vs THE STATE
The petitioner, convicted under section 326 of the Pakistan Penal Code and sentenced to rigorous imprisonment for ten years along with a fine, challenged the Lahore High Court's order dismissing his application for suspension of sentence during the pendency of his appeal. The core legal question was whether the High Court erred in refusing to suspend the sentence when the arguments raised pertained to the merits of the case. The Supreme Court of Pakistan held that contentions relating to the reappraisal of evidence cannot be thoroughly examined at the bail or sentence-suspension stage and are properly reserved for the final hearing of the main appeal. Finding no prima facie legal error in the trial court's judgment, the Supreme Court dismissed the petition for leave to appeal, affirming that sentence suspension should not be granted based on a premature evaluation of evidence.
- Can a sentence be suspended during the pendency of an appeal when contentions raised require a reappraisal of evidence?
- At what stage is it appropriate to examine arguments relating to the merits of a conviction in a criminal case?
- Does a petition for leave to appeal lie against an interlocutory order refusing to suspend a sentence where no prima facie legal error exists?
- Section 326, Pakistan Penal Code 1860
ORDER
' SAAD SAOOD JAN, J.---The petitioner has been convicted of an offence under section 326 of the Pakistan Penal Code and sentenced to suffer rigorous imprisonment for a period of 10 years and pay a fine of Rs, 5,000. He has filed an appeal which is pending in the Lahore High Court.
2. The petitioner moved an application before the High Court for suspension of his sentence during the pendency of the appeal. This application was rejected with the observation that the contentions raised in support thereof went to the merits of the case and that it was not possible to examine them at that stage. The petitioner seeks leave to appeal from the order of the High Court.
3. Before us also, the learned counsel for the petitioner has raised contentions which relate to reappraisal of evidence. These cannot be decided without a thorough examination of the record.
The proper stage for raising them is when the main appeal comes up for hearing. Prima facie the judgment of the trial Court does not suffer from any legal error. The petition is dismissed.
Cited by 5 cases
- ZIMAN ABBAS Versus State 2005 PCRLJ 925
- RAFIQUE AHMAD alias SHIKA Versus State 2005 PCRLJ 193
- RAFIQUE AHMAD alias Shika vs STATE 2005 PLJ FSC 65
- RAFIQUE AHMAD alias SHIKA vs THE STATE 2005 P C R L J 193
- Rafique Ahmad Alias Shikha vs The State K.L.R. 2005 Criminal Cases 58