MUHAMMAD AKHTAR vs THE STATE
This revision petition concerns a petitioner who was convicted under Section 320, Pakistan Penal Code, and sentenced to two years of rigorous imprisonment along with Diyat amount. His appeal was dismissed by the Additional Sessions Judge, Kabirwala. The petitioner sought the suspension of his sentence pending the adjudication of his revision petition before the High Court. The Court considered the short nature of the sentence and the unlikelihood of the revision petition being taken up for hearing in the near future. Based on these grounds, the petition for suspension of sentence was allowed, and the petitioner was admitted to bail, subject to furnishing bail bonds in the sum of Rs. One Lac with two sureties in the like amount to the satisfaction of the Deputy Registrar (Judicial). The petitioner was also directed to remain present on all dates of hearing.
- What factors are considered by the High Court when deciding on the suspension of a sentence during the pendency of a revision petition?
- Can a short sentence be a ground for suspending a conviction and granting bail?
- Does the anticipated delay in hearing a revision petition justify the suspension of a sentence?
- What are the typical conditions for granting bail upon suspension of sentence in a revision petition?
- Section 320, Pakistan Penal Code
ORDER
Vide judgment dated 13-3-2002 passed by the learned Additional Sessions Judge, Kabirwala, the appeal of the petitioner was dismissed.
2. Feeling aggrieved, the petitioner has filed the revision petition, which is pending adjudication before this Court.
3. The petitioner was convicted under section 320 P.P.C. and sentenced to R.I. for two years and was also sentenced to pay Diyat amount. Through the instant application the suspension of sentence awarded to the petitioner has been sought.
4. I have heard the learned counsel for 'the parties and gone through the impugned judgment. As the sentence is short and the revision is not likely to be taken up for hearing in near future, I allow this petition, suspend the sentence of the petitioner and admit him to bail. subject to his tendering bail bonds in the sum of Rs,' One Lac with two sureties. each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Bench. He would remain present on all the dates of hearing.