MUHAMMAD ALI vs THE STATE
This application was filed seeking the suspension of sentence and grant of bail pending appeal on behalf of the appellant, Muhammad Ali. The appellant had been convicted by the IIIrd Additional Sessions Judge, Karachi East, on 8-12-1997 and sentenced to life imprisonment. The core legal issue was whether the appellant was entitled to the suspension of his sentence and release on bail due to the delay in the disposal of his appeal, which had remained pending for over two years. Relying on binding precedent, the counsel argued that the prolonged delay justified the relief sought. The Assistant Advocate-General offered no objection to the suspension of the sentence in light of the facts and cited law. Consequently, the High Court allowed the application, suspending the appellant's sentence of life imprisonment pending the outcome of the appeal and directing his release on bail upon furnishing a surety bond.
- Whether an appellant sentenced to life imprisonment is entitled to suspension of sentence when the appeal is not disposed of within two years?
ORDER
1. Though this application the learned counsel for the appellant Muhammad Ali, seeks suspension of sentence awarded to the appellant by the IIIrd Additional Sessions Judge, Karachi, East on 8-12- 1997. The sentence was life imprisonment.
2. ' Mr. Qureshi submits that despite expiry of more than two years' period the appeal has not been disposed of and, therefore, the appellant is entitled to be released on bail and suspension of sentence pending appeal. He relied on the case of Muhammad Yakoob and others v. The State reported in 1991 SCM R 1459.
3. ' In view of this fact and the law referred to Mr. Arshad Lodhi, learned A.A.G., has no objection to the suspension of the sentence and release of the accused on bail pending appeal, the application is, accordingly, allowed. The life imprisonment awarded to the appellant is suspended pending appeal and he is order to be released on bail subject to surety in the sum of Rs,200,000 and P.R.
4. Bond in the like amount to the satisfaction of the Nazir of this Court.
5. Life .
Cited by 2 cases
- MUHAMMAD HANIF and 2 otherss vs THE STATE 2003 P Cr. L J 1688
- INAM-UL-HAQ vs THE STATE 2005 MLD 1312