2021 P Cr (PLP)

Criminal Miscellaneous No. 1-M of 2020 SADIQ MAHMUD KHURRAM, J.

Through this petition under section 426 of Cr.P.C., the petitioner' namely Muhammad Nawaz alias Babi son of Shah Muhammad seeks suspension of his sentence awarded to him by the learned Additional Sessions Judge, Sahiwal vide judgment dated 26.08.2013. The petitioner was convicted and sentenced after trial in case FIR No. 484 of 2008, dated 01.12.2008 registered at Police Station Farid Town, District Sahiwal in respect of offences under sections 302, 396, 392 and 34, P.P.C. The petitioner was convicted and sentenced as under:- Imprisonment for life under section 302(b), P.P.C. and directed to pay compensation of Rs.100,000/- to the legal heirs of the deceased under section 544-A Code of Criminal Procedure, 1898 and in default thereof to further undergo simple imprisonment for six months. The benefit of section 382-B of the Code of Criminal Procedure, 1898 (the "Cr.P.C."), however, was extended to the petitioner. The main appeal is still pending adjudication, hence, this petition.

2. Learned counsel for the petitioner has submitted that the petitioner was convicted by the trial Court vide judgment dated 26.08.2013 and that the petitioner lodged the appeal through jail on 30.12.2013 before this Court, which is still pending and the delay in disposal of the appeal has not been occasioned by the petitioner or any person acting on his behalf, hence the sentence of the petitioner may be suspended.

3. The learned Deputy Prosecutor General while opposing the petition, submits that the petitioner has been convicted by the trial Court on the basis of a well-reasoned judgment and the petitioner, hence is not entitled to the concession of bail by way of suspension of sentence. The learned Deputy Prosecutor General has however fairly conceded the factual position that despite the lodging of the appeal on 30.12.2013, the same has not been decided.

4. I have heard learned counsel for the petitioner, the learned Deputy Prosecutor General and examined the record.

5. The petitioner was convicted by the trial Court vide judgment dated 26.08.2013 and the instant appeal was lodged on 30.12.2013 before this Court, which is still pending. In normal course of events the Petitioner would be entitled to bail on the ground that more than two years have gone by and there is no likelihood of hearing of the appeal filed by the petitioner in the near future. There is nothing on the record to show that the petitioner is a previous convict or a hardened, desperate or dangerous criminal or is accused of an act of terrorism punishable with death or imprisonment for life. The criminal appeal was filed on 30.12.2013 and more than six years and five months have gone by but the same has not been disposed of till today. The delay in hearing of the appeal has not been caused by the petitioner or any person acting on his behalf. There is no prospect of an early hearing of the main appeal in view of the prevailing situation brought about by the spread of severe/acute respiratory syndrome identified as Corona Virus disease 2019 (Covid-19) which has taken a shape of pandemic. Reliance is placed on the case of Liaqat and another v. The State (1995 SCMR 1819) wherein the august Supreme Court of Pakistan has observed as under"- "In Criminal Petition No.384-L of 1993, the petitioner Liaqat son of Inayat was declined bail by the High Court on the ground that he was assigned a specific injury to the deceased in the case while his co-accused khalid was admitted to bail on the ground that he was not attributed any specific injury to the deceased and he was in jail for more than 2 years and his appeal was not decided. It will be seen that the reason on which petitioner Liaqat was declined bail relates to the merits of the case which as held above were not relevant. The appeal is pending hearing for about 4 years and no date has been fixed so far for its final disposal. We, accordingly, convert Criminal Petition No.384-L of 1993 into appeal, allow the same and set aside the impugned order. The appellant Liaqat son of Inayat is admitted to bail in the sum of Rs.50,000 (fifty thousand only) with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Sheikhupura."

6. For the foregoing reasons, this petition is allowed and the sentence of the petitioner is suspended and he is directed to be released on bail subject to his furnishing bail bonds in the sum of Rs.1,000,000/- (rupees one million only) with two sureties each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court. The petitioner namely Muhammad Nawaz alias Babi son of Shah Muhammad is directed to appear before this Court on each and every date of hearing in the main Criminal Appeal No.22-J of 2015 till its final decision. SA/M-112/L Sentence suspended.