M. GULZAR vs THE STATE
This criminal matter arises from an appeal filed by Muhammad Gulzar against his conviction and sentence under Sections 302(b) and 338-C of the Pakistan Penal Code 1860, wherein he was sentenced to imprisonment for life and four years' rigorous imprisonment respectively following the death of his wife due to burns. The core legal question before the Lahore High Court was whether the petitioner was entitled to the suspension of his sentence pending the final adjudication of his appeal. The Court decided to suspend the sentence and directed the release of the petitioner on bail. The key legal principle laid down is that where the trial court disbelieves the eyewitnesses and relies on circumstantial and medical evidence that fails to conclusively establish whether a death was homicidal or accidental, a second view on the conviction is likely to be taken during the appeal, justifying the suspension of sentence and grant of bail when the hearing of the appeal is likely to take time.
- Whether the sentence of a convict can be suspended when the trial court disbelieves prosecution witnesses and relies on inconclusive circumstantial and medical evidence?
- Is a petitioner entitled to bail pending the final adjudication of an appeal when the hearing of the appeal is likely to take time?
- Does inconclusive medical evidence regarding whether a death was accidental or homicidal create a second view warranting suspension of sentence?
- Section 302, Pakistan Penal Code 1860
- Section 302(b), Pakistan Penal Code 1860
- Section 338-C, Pakistan Penal Code 1860
ORDER
IFTIKHAR HUSSAIN CHAUDHARY, J.-- Mst. Sareena Bibi wife of the petitioner died of burns in his house.
Criminal case FIR No. 6, dated 2.6.1998, Women Police Station, Faisalabad was registered under Section 302, P.P.C, at the instance of Rehmat Ali P.W.4. Muhammad Gulzar was tried in the Court of Mr.' Muhammad Afzal, Sessions Judge, Faisalabad, who believed the prosecution case. He disbelieved the witnesses but on the basis of other evidence proceeded to convict the petitioner under Sections 3Q2(b)/338-C, P.P.C, and sentenced Muhammad Gulzar to imprisonment for life by judgment dated 10.3.2000. The petitioner was awarded four years' rigorous imprisonment under Section 338-C, Cr.P.C.
2. The convict appealed and has sought suspension of sentence awarded to him.
3. I have heard the learned counsel for the petitioner as well as the State.
4. The Trial Court disbelieved the prosecution witnesses and convicted the petitioner on the strength of circumstantial evidence which consisted of recovery of burnt clothes of the deceased and the medical evidence. The medical evidence did not answer the question whether the death was accidental or was homicidal. That being the position of record, a second view about the conviction and sentence awarded to the petitioner is likely to be taken at the time of final adjudication of the appeal which is likely to take some time.
5. The sentence awarded to the petitioner by judgment dated 10.3.2000 passed by Malik Muhammad Afzal, Sessions Judge, Faisalabad, in case FIR No. 6, dated 2.6.1998, P.S. Women, Faisalabad, is hereby suspended. He is directed to be released from custody subject to furnishing bail bonds in the sum of rupees one lac with two sureties in the like amount to the satisfaction of Sessions Judge, Faisalabad.