1996 P Cr (PLP)

S. 426(1-A)

Suspension of sentence on statutory ground

Section 426(1-A), Cr.P.C. creates a right in favour of accused to be enforced which cannot be ordinarily denied to him without any fault on his part for non-disposal of his appeal within the statutory period. Sahibzada Farooq Ali Khan for Applicant. Nafees Ahmad Ansari, A.A. -G. for the State. This application under section 426(1-A)(C), Cr.P.C. has been moved for suspension of sentence of life imprisonment awarded to the applicant by the learned Additional Sessions judge, Sahiwal vide judgment, dated 22-5-1991 on, statutory ground. 2. It is contended by the learned counsel that applicant is behind the bars for nearly five years and he is waiting for the decision of his appeal by this Court for the last two years and ten months but there being no possibility of disposal of the appeal in the near future, the applicant is entitled for the suspension of sentence on statutory ground. Commenting upon the merits of the case, the learned counsel contended that the role assigned to the applicant is that he having Danda with him sat on the chest of the deceased and caused him Danda blows. The doctor has found 18 injuries on the person of the deceased. Injury No.1 was "ligature mark 4 z 2 c.m. in width, all around the neck in its middle part below the thyroid cartilage with abrasion 3 x 4 c.m. on each side of neck. The doctor has declared this injury as a result of strangulation which was sufficient to cause death in the ordinary course of nature. The remaining injuries were found simple on non vital part of the body and not contributory to death. According to him, the fatal injury was attributed to Akbar accused, and the injuries attributed to the petitioner despite large in number are simple in nature and having been caused after sustaining the fatal injury by the deceased, the petitioner had no intention to kill but to give beating to -the deceased. The question of common intention to kill or the petitioner of causing injuries to the deceased with the intention to give him beating is yet to be determined at the time of decision of the appeal. 3. The learned A.A.-G. has not been able to advance any valid ground to withhold the statutory benefit available to the petitioner under section 426(1-A)(C), Cr.P.C. 4. Having regard to the findings of the learned trial Court and considering the arguments advanced by the learned counsel, the intention of the petitioner whether to kill or only to cause injuries is a question to be essentially decided in appeal and not to be gone into at this stage. 5. Be that as it may, section 426(1-A)(C), Cr.P.C. creates a right in favour of a person to be enforced cannot be ordinarily denied without any fault on the part of such person for non-disposal of his appeal within the period prescribed under the law. We finding merits in the contention raised by the learned counsel are convinced not to withhold the benefit under section 426(1-A)(C), Cr.P.C. to the petitioner. We accordingly suspending sentence of the petitioner on statutory ground, direct him to be released on bail subject to his furnishing bail bonds in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of A.C./Duty Magistrate, Sahiwal. N.H.Q./S-688/L Sentence suspended.