MUHAMMAD NAWAZ and others vs THE STATE
This matter concerns a criminal appeal filed by petitioners who were convicted and sentenced by an Additional Sessions Judge, Toba Tek Singh, for offenses under the Pakistan Penal Code 1860, specifically sections 148 and 447/149. The petitioners sought the suspension of their sentences and release on bail pending the final adjudication of their appeal. The core legal question before the Court was whether the petitioners, having served a portion of their short sentences, were entitled to the suspension of their sentences and release on bail during the pendency of the appeal. The Court, noting that the petitioners had already served approximately four months of their sentences—a fact verified by prison certification and uncontroverted by the State—held that the request for bail was justified. Consequently, the Court granted the suspension of the sentences and allowed the petitioners to be released on bail, subject to the furnishing of bail bonds in the sum of Rs. 50,000 each with two sureties to the satisfaction of the trial court. The decision reflects the principle that the suspension of a short sentence pending appeal may be granted when a significant portion of the term has already been served.
- Can a sentence be suspended and bail granted pending appeal when a portion of the sentence has already been served?
- Is the service of a significant portion of a short sentence a valid ground for the suspension of that sentence pending appeal?
- Section 148, Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
- Section 447, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
ORDER
' FALAK SHER, J.--- Petitioner having been convicted and sentenced under section 148, P.P.C. To 2 years' R.I. Each with a fine of Rs,10,000 or in default to suffer 6 months' R.I. In the event of realization to be paid as compensation to legal heirs of the deceased in terms of section 544-A of the Cr.P.C.
Concurrently under section 447/149, P.P.C. To 3 months' R.I. Each availing the benefit contemplated by section 382-B of the Cr.P.C. By a learned Additional Sessions Judge, Toba Tek Singh vide the impugned judgment, dated 27-2-1999 have sought suspension thereof tending to seek release on bail pending hearing of the captioned appeal.
2. Contending that the sentence is short out of which they have practically served four months' physical internment, factum whereof stands vouched through prison certification and remained uncontroverted by the learned counsel appearing on behalf of the State.
3. Persuaded whereby granting the request the petitioners are allowed bail upon furnishing bonds in the sum of Rs,50,000 each with two sureties each in the like amount to the satisfaction of the trial Court.