MUHAMMAD YAQOOB And Others vs The STATE
This petition arose from the High Court's rejection of an application for the suspension of sentences and grant of bail filed by the petitioners, who had been convicted of offences under sections 302, 307, 149, and 148 of the Pakistan Penal Code. The petitioners' joint appeal had remained pending for over two years due to a misplaced record. The core legal question was whether the High Court could deny statutory bail under section 426(1A)(c) of the Code of Criminal Procedure 1898 without recording specific, cogent reasons. The Supreme Court of Pakistan held that merely stating that it was not a proper case for bail does not constitute a valid reason to deny the statutory benefit. The Court converted the petition into an appeal and directed the release of the petitioners on bail, establishing the principle that the statutory right to bail after two years of pending appeal for a life sentence cannot be withheld arbitrarily without recording specific justifying reasons.
- Does a mere statement by a court that it is not a proper case for bail constitute a sufficient reason to deny statutory bail under section 426(1A)(c) of the Code of Criminal Procedure 1898?
- Is a convict sentenced to life imprisonment entitled to bail if their appeal remains undecided for more than two years?
- Can the statutory benefit of suspension of sentence be withheld without recording specific justifying reasons?
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 426(1A)(c), Code of Criminal Procedure 1898
ORDER
SAAD SAOOD JAN, J.---The petitioners were convicted by the Additional Sessions Judge, Narowal, of offences under sections 302 and 307, read with sections 149 and 148, Pakistan Penal Code. For the offence under section 302, they were sentenced to suffer life imprisonment; in respect of the other offences they were awarded different sentences of imprisonment. They preferred a joint appeal against their convictions and sentences in the High Court. The appeal has not yet been disposed of for reason, presumably, that a part of the record has been misplaced.
2. The petitioners were convicted on 9-8-1987. As the appeal remained undisposed of for a period of more than two years they filed an application before the High Court for suspension of the sentences. The learned Single Judge rejected their application in this regard with the observation: "* * * Yet in the circumstances of the case, 1 do not consider it proper to enlarge them on bail on that ground alone."
In support of this petition it is stated that under section 426(1A)(c), Criminal Procedure Code, a convicted person who has been sentenced to imprisonment for life is entitled to be released on bail if his appeal is not decided within two years of his conviction, unless for reason to be recorded the Court otherwise denies. It is contended that the High Court has not given any good reason for denying the benefit of the said provision to the petitioners.
3. We find merit in the contention of the petitioners. Merely stating that it is not a proper case for enlarging the petitioners on bail can hardly constitute a good reason justifying for withholding a benefit which the Code of Criminal Procedure has expressly given to them. The learned Additional Advocate-General has not been able to point out any reason why the petitioners should not be released on bail. We would accordingly convert this petition into appeal and direct that the petitioners be released on bail on executing bonds in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Narowal.
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