ZULFIQAR ALI vs THE STATE
The petitioner, Zulfiqar Ali, filed a petition seeking the suspension of his sentence and release on bail pending the disposal of his appeal against his conviction under Section 302(b) read with Section 34 of the Pakistan Penal Code 1860, and Section 201/34 of the Pakistan Penal Code 1860, for which he was sentenced to life imprisonment and seven years imprisonment respectively, along with compensation under Section 544-A of the Code of Criminal Procedure 1898. The core legal question was whether the petitioner was entitled to suspension of sentence and bail given that the sole evidence against him, the 'last seen' evidence, was deemed untrustworthy by the trial court. The Court held that since the State conceded that the only evidence relied upon was the 'last seen' evidence and that the trial court itself had found this evidence to be untrustworthy, the petitioner had made out a case for suspension of sentence. Consequently, the Court accepted the petition, suspended the sentence, and admitted the petitioner to bail pending the final disposal of his appeal, subject to the furnishing of bail bonds.
- Is a convict entitled to suspension of sentence pending appeal when the sole evidence against him is deemed untrustworthy by the trial court?
- Can an appellate court grant bail to a convict if the State concedes that the evidence relied upon by the trial court is untrustworthy?
- Section 302(b), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
- Section 201, Pakistan Penal Code 1860
ORDER
Petitioner/appellant Zulfiqar Ali through the instant petition seeks suspension of his sentence and admitting him to bail pending disposal of his appeal. He was convicted under section 302(b) read with section 34, P.P.C. By Syed Mehboob Qadir Shah, learned Additional Sessions Judge, Vehari vide his judgment dated 31-5-2002 in case; F.I.R. No.4 dated 9-1-2001 Police Station Tibba Sultanpur, District Vehari and sentenced him to imprisonment for life and further directed to pay Rs.50,000 as compensation under section 544-A, Cr.P.C., to the legal heirs of deceased and also under section 201/34, P. P. C. To 7 years imprisonment.
2. It has been contended on his behalf that the only evidence against him is of last seen, while the learned trial Court has found the same to be not trustworthy and in such circumstances he could not be convicted and of the success of his appeal and setting aside of his conviction and sentence.
3. The learned State Counsel though has opposed the petition but has conceded that the only evidence against him is of last seen and the same has not been found to be trustworthy by the learned trial Court.
4. In view of the above position, we have been pursuaded to accept the petition. The same, therefore, is accepted and his sentence is suspended and he is admitted to a bail pending dispose of his appeal subject to his furnishing bail bonds in the sum of Rs.1,00,000 (one lac) with two sureties each in the like amount to the satisfaction of the learned trial Court.