Dr. MUHAMMAD ASHRAF vs THE STATE
This criminal matter arises from an application by Dr. Muhammad Ashraf, who sought the suspension of his sentence of imprisonment for life and compensation awarded by the Additional Sessions Judge, Gujrat. The core legal question was whether the petitioner made out a case for the suspension of his sentence and release on bail pending appeal, given his advanced age, the fact that no specific injury was attributed to him, and that the main accused remained a fugitive. The Lahore High Court held that the petitioner successfully established grounds for relief, noting his age of approximately 70 years and the absence of any attributed injuries. The court laid down the principle that where an appellant is of advanced age, has been incarcerated since arrest, and no active injury is attributed to him while the principal accused is an absconder, the sentence may be suspended and bail granted pending the final disposal of the appeal.
- Whether the sentence of life imprisonment can be suspended when the main accused is still an absconder and no injury is attributed to the convict?
- Does advanced age of a convict constitute a sufficient ground for the suspension of sentence and release on bail?
- What are the conditions required for granting bail after conviction pending an appeal?
ORDER
Dr. Muhammad Ashraf, petitioner/appellant having been sentenced to imprisonment for life and to pay compensation of Rs.50,000 by learned Additional Sessions Judge, Gujrat vide judgment dated 28-11-2000 seeks suspension of his sentence on the ground that the main accused namely Saifullah is still absconder, no injury is attributed to him and is 70 years of age. Learned counsel representing the petitioner convict further submits that the petitioner is behind the bar since the date of his arrest.
2. Learned counsel for the State. Is not in a position to refute the submissions made by the petitioner.
3. The fatal shot and other injuries on the person of the deceased were attributed to Saif Ullah who is still at large. No injury is attributed to the petitioner-convict. According to Police record, his age at the time of registration of the case was 66 years. In these circumstances, I am convinced that the petitioner-appellant has been able to make out a case for suspension of sentence. Resultantly, this petition is accepted and petitioner-appellant is directed to be released on bail provided he furnishes bail bond in the sum of rupees one lac with one surety in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court.
H.B.T./M-586/L 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.