KHALID MAHMOOD vs THE STATE
This criminal matter concerns an application for the suspension of sentence and release on bail pending appeal. The petitioner, convicted under Section 302(b) of the Pakistan Penal Code 1860 and sentenced to life imprisonment, sought relief on the statutory ground that his appeal had remained undecided for over two years since his conviction. The core legal question was whether the petitioner was entitled to bail under the provisions of the Code of Criminal Procedure 1898 given the delay in the adjudication of his appeal. The Lahore High Court observed that the petitioner had been incarcerated for over two years, and court records indicated that his appeal was unlikely to be heard for several more years. Holding that the case fell squarely within the ambit of Section 426(1-A)(c) of the Code of Criminal Procedure 1898, which mandates the release on bail of a life convict whose appeal is not decided within two years, the Court allowed the petition. The sentence was suspended, and the petitioner was granted bail subject to furnishing a bail bond.
- Is a convict sentenced to life imprisonment entitled to bail if their appeal remains undecided for more than two years?
- Does Section 426(1-A)(c) of the Code of Criminal Procedure 1898 mandate the release of a convict whose appeal has not been decided within two years of conviction?
- Section 302(b), Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
- Section 382-B, Code of Criminal Procedure 1898
- Section 426(1-A)(c), Code of Criminal Procedure 1898
ORDER
' The petitioner-appellant was convicted under section 302(b), P.P.C., and sentenced to imprisonment for life and to pay a fine of Rs, 50,000 as compensation to the legal heirs of the deceased under section 544-A, Cr.P.C., and in default to undergo imprisonment for six months. The benefit of section 382-B, Cr.P.C., was also extended to the petitioner. This was vide the judgment, dated 3-7-1996 passed by the learned Sessions Judge, Layyah.
2. Suspension of sentence is sought on statutory ground that a period of two years, two months and six days has elapsed but the appeal of the petitioner-appellant has not been decided so far.
3. A report was called from the office according to which the appeals relating to year 1985-86 are being heard in routine.
4. Admittedly, the petitioner is continuously in jail for the last more than two years and his appeal has not been decided so far and as per office report, his appeal is not likely to be fixed for a couple of years more, as such, his case is covered under section 426(I-A)(c), Cr. P.0 . , which provides that an Appellate Court shall, unless for reasons to be recorded in writing it otherwise directs, order a convicted person to be released on bail who has been sentenced to imprisonment for life and whose appeal has not been decided within a period of two years of his conviction. Reliance can be safely placed on Muhammad Yaqoob and others v. The State (1991 SCM R 1459), as such, this petition is allowed and the sentence of the petitioner is suspended and he shall be released on bail provided he furnishes bailbond in the sum of rupees one lac with one surety in the like amount to the satisfaction of the trial Court.