SHAH HUSSAIN vs THE STATE
This application was filed under Section 426 of the Code of Criminal Procedure 1898, seeking the suspension of sentence and grant of bail to the appellant, a mini-bus driver convicted under Section 320 of the Qisas and Diyat Ordinance and Section 304-A of the Pakistan Penal Code 1860 following a fatal accident. The core legal question before the High Court of Sindh was whether a convicted appellant of a bailable offence is entitled to bail as a matter of right during the pendency of their appeal. The Court held that because the offences under which the appellant was convicted are bailable, the provisions of Section 496 of the Code of Criminal Procedure 1898 are attracted even after conviction. Consequently, the Court suspended the sentence and granted bail. The key principle laid down is that a convicted person whose appeal has been admitted is entitled to bail as a matter of right if the underlying offence is bailable.
- Is a convicted appellant entitled to bail as a matter of right during the pendency of an appeal if the underlying offence is bailable?
- Do the provisions of Section 496 of the Code of Criminal Procedure 1898 apply to post-conviction bail applications under Section 426 of the same Code where the offence is bailable?
- Can the sentence of a person convicted under Section 320 of the Qisas and Diyat Ordinance and Section 304-A of the Pakistan Penal Code 1860 be suspended as a matter of right pending appeal?
- Section 426, Code of Criminal Procedure 1898
- Section 496, Code of Criminal Procedure 1898
- Section 320, Qisas and Diyat Ordinance
- Section 304-A, Pakistan Penal Code 1860
ORDER
1. ' This is an application under section 426, Cr.P.C., for suspension of the sentence of the appellant Shah Hussain who has been convicted and sentenced to undergo R.I. For 5 years and to pay compensation of Rs,50,000 to the legal heirs of the deceased for an offence under section 320, Qisas and Diyat Ordinance and section 304-A, P.P.C. By a Court of III-Additional Sessions Judge, Karachi East. The appeal against this conviction and sentence has been admitted. The learned counsel for the appellant has requested for suspending of the sentence of the appellant and granting him bail till the decision of the appeal. The contention of Mr. Taza 011 Khattak is that offence for which the appellant has been convicted is bailable and therefore, the provisions of section 496, Cr.P.0 are attracted and even after conviction according to him, the appellant is entitled to be released on bail as a matter of right. He relied on the cases Mian Mahmud Ali Qasuri and others v. The State, reported in PLD 1963 SC 478 and Hata and others v. The State, reported in PLD 1967 Lahore 1302. In these cases the principle has been laid down that the convicted appellants of bailable offences after filing of the appeal against the conviction are entitled to bail as a matter of right. Mr. S. Amjad Ali Shah, learned counsel appearing for the State, concedes to this position and has no objection to grant of bail to the appellant till the decision of the appeal.
2. I have considered the arguments of the learned counsel for the parties. The appellant is a Mini Bus driver and this is a case of a fatal accident. The trial has taken place for offence under section 320, Qisas and Diyat Ordinance (304-A, P.P.C.). The offence is bailable and therefore, the appellant is entitled to be released on bail after admission of his appeal as a matter of right. It is, therefore, ordered that the sentence of the appellant be suspended and he is allowed to be released on furnishing surety in the sum of Rs,1,00,000 (One lac) to the satisfaction of the Nazir of this Court.
Cited by 12 cases
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- AHMAD DIN alias AHMAD YAR vs THE STATE and anothers 2012 YLR 928
- MASOOD KHAN vs THE STATE 2004 PLD Karachi 386
- MUHAMMAD RIAZ vs THE STATE 2000 P Cr. L J 1712
- SAFDAR ALI SHAH vs THE STATE 1997 MLD 961
- 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
- LIAQUAT KHAN Versus State 2012 YLR 2779
- MUMTAZ ALI Versus State 2009 MLD 61
- RAFIQUE AHMAD alias SHIKA Versus State 2005 PCRLJ 193
- MUHAMMAD ALI Versus THE STATE 2004 PCRLJ 1444