MAQSOOD AHMAD and another vs THE STATE
This criminal petition concerns an application for the suspension of sentence filed by Maqsood Ahmad and Shahid, who were convicted under Section 324 of the Pakistan Penal Code 1860 and sentenced to seven years of rigorous imprisonment with a fine by the trial court. The core legal question before the Lahore High Court was whether the petitioners were entitled to the suspension of their sentences under the Code of Criminal Procedure 1898, given that their appeal had remained pending beyond the statutory timeframe. The Court observed that the petitioners had already served more than one year of their imprisonment since their conviction in 1998. Relying on the statutory provisions governing the suspension of sentences during the pendency of an appeal, the Court held that the petitioners were entitled to relief because their appeal had not been decided within the period prescribed by law. Consequently, the Court suspended the sentences awarded to the petitioners and ordered their release, subject to the furnishing of bail bonds to the satisfaction of the trial court.
- Are convicts entitled to suspension of sentence if their appeal is not decided within the statutory period?
- Does the period of imprisonment already served entitle a convict to suspension of sentence under Section 426 of the Code of Criminal Procedure 1898?
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 30, Code of Criminal Procedure 1898
- Section 426(1)(a)(b), Code of Criminal Procedure 1898
ORDER
' Maqsood Ahmad Khan and Shahid were tried in the Court of Judicial Magistrate with powers Section 30, Cr.P.C., Daska in Criminal Case F.I.R. No,25, dated 17-1-1997, under section 324/34, P.P.C.
Etc whereby they were convicted for offence under section 324, P.P.C. And sentenced to 7 years R.I.
And a fine of Rs,10,000 vide judgment, dated 4-4-1998. The convicts submitted titled appeal and during pendency of the same present petition has been submitted for suspension of sentence.
2. Learned counsels for the petitioner as well as State have been heard.
3. Conviction of the petitioners was recorded on 4-4-1996 and period of imprisonment of the petitioners has exceeded one year and as such they are entitled under section 426(I)(a)(b), Cr.P.C.
To suspension of sentence awarded to them as the appeal filed by them has not been decided within the period prescribed by statute.
4. Sentence awarded to petitioners-convicts by order, dated 4-4-1998 passed by trial Court is suspended. They shall be released from custody subject to furnishing of bail bonds in the sum of Rs,50,000 each with two surties each in the like amount to the satisfaction of trial Court.