QAMAR ABBAS vs THE STATE
The petitioner sought leave to appeal against his conviction under section 302(c)/34, Pakistan Penal Code 1860, resulting in a sentence of 14 years rigorous imprisonment and compensation, after the High Court declined to suspend his sentence. The core legal question was whether the sentence could be suspended pending appeal on the ground of an alleged pardon or compromise with the legal heirs of the deceased. The Supreme Court of Pakistan held that the High Court rightly declined to grant bail on that ground, observing that if a genuine compromise exists, the petitioner should instead move the High Court through appropriate proceedings for the disposal of his main appeal based on the pardon. The petition was accordingly dismissed and leave to appeal declined, establishing that an alleged compromise or pardon should be utilized for the final disposal of the appeal rather than merely seeking the suspension of sentence.
- Whether sentence can be suspended on the ground of an alleged pardon by the legal heirs?
- How should a genuine compromise between a convict and the legal heirs of the deceased be brought before the High Court?
- Section 302(c), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. ' The petitioner was convicted under section 302(c)/34, P.P.C. By the trial Court and sentenced to 14 years. He was also directed to pay compensation of Rs.1,00,000 to the legal heirs of the deceased.
2. The petitioner sought suspension of sentence before the High Court on the ground that he had been pardoned by the legal heirs of the deceased. The High Court rightly declined to grant bail on the above ground. If there is a genuine compromise between the petitioner and the legal heirs of the deceased, the petitioner, if so advised, may move the High Court through appropriate proceedings for disposal of his appeal on the basis of alleged pardon.
3. ' With the above observation, leave to appeal is declined and the petition dismissed.