RIAZ vs THE STATE
This matter concerns a petition filed under Section 426(1A)(c) of the Code of Criminal Procedure 1898, seeking the suspension of a sentence of life imprisonment imposed upon the petitioner, Riaz, following his conviction under Section 302-B of the Pakistan Penal Code 1860 for the murder of Muhammad Nawaz. The core legal question before the Lahore High Court was whether the petitioner was entitled to the suspension of his sentence and the grant of bail on statutory grounds, specifically the expiry of the statutory period of two years of incarceration during the pendency of his appeal. The Court held that the petitioner had indeed completed the statutory period of two years in judicial lock-up and, consequently, was entitled to the relief sought. The State failed to provide sufficient grounds to oppose the application. The Court accordingly suspended the sentence and admitted the petitioner to bail, subject to the furnishing of a bail bond. The key principle established is that an appellant who has undergone the statutory period of incarceration is entitled to the suspension of sentence and grant of bail, absent compelling reasons for refusal.
- Is an appellant entitled to the suspension of sentence upon the expiry of the statutory period of two years of incarceration?
- Can a sentence of life imprisonment be suspended under Section 426(1A)(c) of the Code of Criminal Procedure 1898?
- Section 426(1A)(c), Code of Criminal Procedure 1898
- Section 302-B, Pakistan Penal Code 1860
- Section 302/34, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
ORDER
' This petition under section 426(1A) (C), Cr.P.0 for suspension of sentence has been moved by Riaz appellant who has been convicted under section 302-B, P.P.C. And sentenced to life imprisonment for having murdered Muhammad Nawaz deceased by learned Additional Sessions Judge, Sahiwal in case F.I.R. No, 195 of 1993 registered on 2-9-1993 under section 302/34 P.P.C. At Police Station, Ghallah Mandi, Sahiwal vide the impugned judgment dated 31-1-1991. Benefit of section 382-B, Cr.P.C. Has also been extended.
2. The petitioner was arrested on 9-11-1993 and since then he has been in the judicial lock-up. The statutory period of two years has since expired. He seeks suspension of sentence on the statutory ground. Reliance is placed on Liaquat v. State 1995 SCM R 1819. Learned counsel for the State has not been able to advance reasons for refusal of the right to the grant of bail earned by the appellant. For the reasons he is held entitled to the grant of bail.
3. Resultantly, the sentence of the petitioner is suspended and the petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs,2,00,000 (two lac) with one surety in the like amount to the satisfaction of Trial Court.