Mst. SHAFQAT TAHIRA vs THE STATE
This criminal miscellaneous application was filed by the petitioner, a female convict, seeking the suspension of her sentence pending the final hearing of her appeal. The petitioner, convicted alongside a co-accused for the murder of the deceased, argued that her specific role was limited to holding the legs of the victim, while the fatal blows were inflicted by the co-accused, Sajawal Khan. Relying on judicial precedent, the petitioner contended that her gender and the nature of her alleged role warranted the exercise of judicial discretion in her favor, particularly given that the appeal was unlikely to be heard in the near future. The State counsel did not oppose the application. The Lahore High Court, considering the circumstances and the lack of opposition from the State, allowed the application and suspended the petitioner's sentence, subject to the furnishing of security and a surety bond. The court affirmed that the suspension of sentence is appropriate where the role attributed is secondary and the petitioner is a woman, provided security requirements are met.
- Can the sentence of a female convict be suspended pending appeal when her role is limited to holding the victim?
- Does the lack of opposition from the State counsel influence the court's decision to suspend a sentence pending appeal?
- Is the suspension of a sentence permissible when the appeal is not likely to be heard in the near future?
ORDER
Criminal Miscellaneous No,1 of 1999.
' Learned counsel for the petitioner contends that the petitioner is a lady and her role as described by the prosecution is merely holding of legs of the deceased Mst. Tameezan Bibi who was hacked to death by her co-accused Sajawal Khan. Learned counsel prays for suspension of sentence awarded to the petitioner alongwith the co-accused. He has relied on Latif Bibi v. Abdul ghafoor 1994 SCM R 1727, in which case role of Lalkara and holding of legs was attributed to the convict who was also sentenced to life imprisonment.
2. Learned counsel for the petitioner contends that the appeal is not likely to be taken up in near future for final hearing and further the role attributed to the petitioner is merely holding of legs of the deceased lady. The fatal blows were given by Sajawal and that the petitioner being a lady is entitled to the exercise of discretion in her favour.
3. Learned State Counsel did not oppose the criminal miscellaneous and stated that he has no objection if the sentence of the petitioner is suspended.
4. Sentence of the petitioner is suspended provided she furnishes security in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court.
C.M. Stands disposed of. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 3 cases
- Mst. NASREEN EIBI vs THE STATE 2007 PLD Lahore 531
- MUHAMMAD AKRAM and others vs THE STATE 2007 MLD 1483
- Mst. ZAHIDA MAI and anothers vs THE STATE 2003 P Cr. L J 931