MUHAMMAD ASLAM and others vs THE STATE
This matter arises from a petition for leave to appeal against the conviction and sentence recorded by the courts below. The core legal question concerns the sustainability of the conviction upon reappraisal of evidence, alongside the special consideration of advanced age regarding petitioner no. 3. The Supreme Court granted leave to appeal to reappraise the evidence. Consequently, the court held that the sentence of petitioner no. 3, who was approximately 96 years old at the time of the order and 83 years old at the occurrence, should be suspended. The key principle laid down is that the sentence of an extremely elderly convict can be suspended and bail granted upon furnishing appropriate security pending the reappraisal of evidence in a criminal appeal.
- Can the Supreme Court grant leave to reappraise evidence in a criminal conviction?
- Whether the sentence of an accused of advanced age can be suspended during the pendency of an appeal?
- What are the terms required for releasing a convict on bail upon the suspension of their sentence?
ORDER
1. Leave is granted to reappraise the evidence to satisfy whetherthe conviction recorded by the Courts below and sentence awarded to the petitioner is sustainable. Petitioner No,3 is about 96 years old and when occurrence took place he was about 83 years. Leave has been granted to reappraise the evidence therefore, we suspend the sentence of petitioner No,3 and he is allowed to be released on bail subject to furnishing bail bonds in the sum of Rs,50,000 with two sureties each in the like amount to the satisfaction of the trial Court.