KHALID HUSSAIN vs ABDUL RAZZAQ and others
This petition for leave to appeal is directed against the order of the Lahore High Court, which suspended the sentence of life imprisonment awarded to respondent No. 1, Abdul Razzaq, by the trial court under sections 302/34 of the Pakistan Penal Code 1860. The core legal question concerns the propriety of suspending a sentence pending appeal where the accused allegedly neither caused injury to the deceased or prosecution witnesses and sustained serious injuries that remained unexplained by the prosecution. The Supreme Court held that the High Court properly exercised its discretion in suspending the sentence under the circumstances. The petition was accordingly dismissed, affirming that appellate courts may suspend sentences upon valid discretionary grounds such as unexplained injuries on the person of the accused.
- Whether the High Court can suspend the sentence of imprisonment for life when the prosecution fails to explain injuries sustained by the accused?
- Does the absence of specific injuries attributed to the accused by the deceased or prosecution witnesses justify the suspension of sentence?
- On what grounds can the Supreme Court interfere with the discretionary order of the High Court suspending a sentence?
- Section 302, Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 337-A(iii), Pakistan Penal Code 1860
- Section 302(b), Pakistan Penal Code 1860
ORDER
' TANVIR AHMAD KHAN, J.---Leave to appeal is sought against the order, dated 15-1-2003 whereby a learned Division Bench of the Lahore High Court, Multan Bench, Multan, suspended the sentence of respondent No,1 Abdul Razzaq recorded by the learned Additional Sessions Judge, Burewala, in a case emanated out of F.I.R. No, 76 of 2002 registered on 17-2-2002 at Police Station, City Burewala, District Vehari under sections 302/337-A(ii)/34, P.P.C.
2. It is reflected from the judgment of the learned Additional Sessions Judge that challan was submitted against Ghulam Muhammad and his two sons Muhammad Iqbal and Abdul Razzaq in the aforesaid case. The learned trial Judge through his judgment, dated 28-11-2002 acquitted Ghulam Muhammad from the charge under sections 302/34, P.P.C. And convicted him under section 337-A(iii), P.P.C. For causing hurt to P.W. Abdul Ghafoor and sentenced him to five years' R.I.
With compensation of Rs,10,000 to the injured. Muhammad Iqbal and Abdul Razzaq were convicted under section 302(b), P.P.C. The former was sentenced to death while the latter was sentenced to imprisonment for life. A learned Division Bench of the High Court through the impugned order, dated 15-1-2003 suspended the sentence of Abdul Razzaq on the ground that he neither caused any injury to the deceased nor to any P.W. Further he himself received two serious injuries with a sharp-edged weapon which had not been explained by the prosecution.
3. Learned counsel for the petitioner has failed to point out any illegality or legal infirmity in the exercise of discretion exercised by the learned Division Bench of the High Court. The instant petition is accordingly dismissed and .