ZULFIQAR ALI vs THE STATE
The petitioner, Zulfiqar Ali, challenged an order refusing the suspension of his sentence following his conviction under Section 161 of the Pakistan Penal Code 1860 and Section 5(2) of the Prevention of Corruption Act 1947. The petitioner had been sentenced to two years of rigorous imprisonment and a fine of Rs. 10,000 by the Special Judge, Anti-Corruption, Gujranwala. Upon review, the Supreme Court of Pakistan considered the duration of the sentence awarded to the petitioner. Consequently, the Court converted the petition for leave to appeal into an appeal. Exercising its discretion, the Court ordered the suspension of the operation of the sentence, subject to the petitioner furnishing two sureties in the sum of Rs. 25,000 each to the satisfaction of the trial court. The judgment establishes the principle that appellate courts may exercise discretion to suspend sentences pending appeal, particularly when considering the length of the sentence imposed.
- Can the Supreme Court convert a petition for leave to appeal into an appeal to grant relief?
- Does the appellate court have the discretion to suspend a sentence of imprisonment pending the final adjudication of an appeal?
- Section 161, Pakistan Penal Code 1860
- Section 5(2), Prevention of Corruption Act 1947
1. ' SALEEM AKHTAR, J.---The petitioner has been convicted and sentenced under section 161, P.P.C.
2. Read with section 5 (2) of the Prevention of Corruption Act, 1947 to two years' R.I. With a fine of Rs,10,000 in default to further six months, R.I. By the learned Special Judge, Anti-Corruption, Gujranwala. The sentence was passed on 20-9-1993 and h. Applied for its suspension which was refused by the impugned order. Considering the period of sentence awarded, we convert this petition into an appeal and suspend the operation of the sentence on petitioner furnishing two sureties in the sum of Rs,25,000 each to the satisfaciton of the trial Court.
Cited by 3 cases
- JAVED vs The STATE 2015 YLR 764
- MUHAMMAD HANIF and another vs THE STATE 2003 YLR 1923
- WASEEMUL HAQUE Versus STATE 1999 MLD 2382