GULZAR and 2 others vs THE STATE
This matter arises from a criminal petition seeking the suspension of sentence and grant of bail pending appeal filed by petitioners convicted under Section 460 of the Pakistan Penal Code 1860 and sentenced to imprisonment for life along with compensation under Section 544-A of the Code of Criminal Procedure 1898. The core legal question concerns whether the petitioners are entitled to suspension of sentence and release on bail under Section 426 of the Code of Criminal Procedure 1898, given the non-ascription of any overt act regarding the fatal gunshot attributed to a co-convict and the lapse of the statutory period. The court held that since the statutory period under Section 426 of the Code of Criminal Procedure 1898 had elapsed and the absence of overt acts for the fatal injury remained uncontroverted from the record, the request for suspension of sentence should be granted. The key principle laid down is that a convicted person may be granted bail and suspension of sentence upon the expiry of the statutory period under Section 426 of the Code of Criminal Procedure 1898 where the record shows mitigating circumstances such as the non-ascription of fatal overt acts.
- Whether a convict is entitled to suspension of sentence upon the lapse of the statutory period under Section 426 of the Code of Criminal Procedure 1898?
- Does the non-ascription of an overt act for a fatal injury warrant the suspension of sentence and grant of bail pending appeal?
- Can the sentence of imprisonment for life and compensation under Section 544-A of the Code of Criminal Procedure 1898 be suspended pending the decision of the appeal?
- Section 460, Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
- Section 426, Code of Criminal Procedure 1898
ORDER
Petitioner having been convicted and sentenced under section 460, P.P.C. To imprisonment for life defraying Rs, 50,000 as compensation within the contemplation of section 544-A, of the Cr.P.C. To the legal heirs of the deceased or to suffer another term of 2 years R.I. Each whose co-accused Gulzar was awarded death sentence in addition to a like amount of compensation in identical term by a learned Additional. Sessions Judge Chiniot vide the impugned judgment, dated 30-11-1995 have sought suspension thereof urging non-ascription of any overt act for the deceased having fallen a prey to the co-convict's gun shot and, lapse of the statutory period perceived by section 426, of the Cr.P.C. Factum whereof remained uncontroverted by the learned counsel appearing on behalf of the State being manifested from the record.
2. Consequently, according the request suspending the sentence, the petitioners are allowed bail upon furnishing bond in the sun of Rs, 50,000 each with two sureties each in the like amount to the satisfaction of the Trial Court.