SARFRAZ NAWAZ Alias MUHAMMAD NAWAZ vs THE STATE
This application was brought by the petitioner seeking the suspension of his sentence pending the adjudication of his criminal appeal filed in 1999. The primary legal issue before the High Court was whether the sentence of a convict ought to be suspended when pendency backlogs render the hearing of the appeal unlikely before the remainder of the sentence is completely served out. According to the jail report, the petitioner had already undergone about twenty years of imprisonment, leaving a remaining period of five years, ten months, and twenty-one days. The office report further indicated that the court was presently hearing appeals up to the year 1990, establishing that the petitioner's appeal would not be taken up for several years. Holding that the petitioner would otherwise serve out his entire remaining sentence and render the statutory appeal infructuous, the High Court suspended the sentence subject to furnishing bail bonds. The court confirmed that inordinate delay in hearing an appeal warrants sentence suspension where continued incarceration threatens the utility of the appeal.
- Whether a convict's sentence can be suspended where delay in hearing the appeal would render the appeal infructuous?
- Does serving a substantial portion of a sentence coupled with an inordinate backlog of earlier appeals justify suspension of sentence?
- Can a court suspend sentence when the remaining period of imprisonment is likely to expire before the appeal is taken up for regular hearing?
ORDER
Learned counsel for the petitioner contends that the instant appeal relates to the year 1999 and the office report 15-10-2001 shows that the appeals up to 1990 are being fixed for hearing. I asked for the report of the Jail Authorities about the period of sentence served out by the petitioner. The petitioner has served out sentence of about 20 years and is still to undergo five years ten months and 21 days as per report dated 13-10-2001. Learned counsel for the petitioner states that the appeal is not likely to be fixed for hearing at least for other nine years therefore, prayed for suspension of sentence.
2. Learned State Counsel has not seriously opposed the suspension of sentence in view of the fact that the petitioner has already undergone sentence of about 20 years.
3. Heard. Record perused. Office report dated 15-10-2001 indicates that the criminal appeals involving sentence of life are being fixed up to the year 1990. This appeal relates to the year 1999 and its turn will come after a considerable long period and by that time the petitioner shall serve out the entire sentence and the appeal shall become infructuous.
4. Keeping in view the aforesaid circumstances the sentence of the petitioner is suspended subject to his furnishing bail bonds in the sum of Rs.2,00,000 (two lacs) with one surety in the like amount to the satisfaction of the trial Court. Criminal Miscellaneous stands disposed of. 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.