2020 PLP 1080 (YLR)
RIAZ — Appellant Versus The STATE — Respondent
| Citation | 2020 PLP 1080 (YLR) |
| Forum / Court | Sindh (Hyderabad Bench) |
| Bench Members | Abdul Maalik Gaddi and Fahim Ahmed Siddiqui, JJ |
| Parties | RIAZ — Appellant Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2020 PLP 1080 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2020 PLP 1080 (YLR)?
The case was heard and decided by the Sindh (Hyderabad Bench) bench comprising: Abdul Maalik Gaddi and Fahim Ahmed Siddiqui, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 PLP 1080 (YLR) (RIAZ — Appellant Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sameeullah Rind for Appellant.
Headnotes / Summary
S. 426
Suspension of sentence pending appeal
Scope
Appellant sought suspension of sentence and his release on bail on the ground that the sentence awarded to him by the Trial Court was imprisonment for two years and that appeal would take sufficient time in its disposal
State recorded its "no objection" for suspension of sentence on the ground that the sentence was short one and appellant was convicted under bailable offence
Appellant was convicted and sentenced to suffer rigorous imprisonment for two years by the Trial Court, which was a short sentence and there was no likelihood that his appeal could be heard and decided in near future due to backlog of cases in the court
Application for suspension of sentence was allowed, in circumstances.
Judgment & Decree
1. Urgent application disposed of.
2. Office objections shall be considered at the time of hearing.
3. Exemption is granted subject to all just exceptions.
4. ABDUL MAALIK GADDI, J.
Through this appeal, the appellant has challenged the judgment dated 20.11.2018 passed by the learned Special Judge Anti Terrorism Shaheed Benazirabad and Sanghar at Nawabshah in Special Case No.38 of 2017, whereby learned trial court after full dressed trial convicted and sentenced the appellant in Crime No.254 of 2017 under sections 431, 341, 427, 151, 152, 504, 186, 189, 147, 148, 398, 337-L(2), P.P.C. read with sections 6/7 Anti-Terrorism Act of Police Station Sakrand District Shaheed Benazirabad, for two years without awarding any fine. The appeal being statutory right of the appellant, is hereby admitted to regular hearing. Issue notice to APG. Call R & Ps and prepare paper book.
5. Through this application, the appellant seeks suspension of sentence and his release on bail on the ground that sentence awarded to him by the trial court is short one of two years and appeal will take sufficient time in its disposal. It is further contended that at the time of pronouncement of judgment, the appellant was on bail. Ms. Sobia Bhatti, APG for the state present in court in some other matters, waives the notice of this application and recorded her no objection for suspension of the sentence on the ground that sentence is short one and appellant was convicted under bailable offence. Admittedly, the appellant was convicted and sentenced to suffer R.I for two years by the trial court vide judgment dated 20.11.2018 which is short sentence and there is no likelihood that instant appeal may be heard and decided in near future due to backlog cases in the court, keeping in view the heavy backlog of cases pending in this Court. Moreover, there are number of authorities on this point in which the sentence awarded to the accused being short one has been suspended. Accordingly, the application is allowed, the conviction and sentence awarded to the appellant is hereby suspended and he is released on bail subject to his furnishing solvent surety in the sum of Rs.50,000/- (Rupees Fifty thousand only) and PR Bond in the like amount subject to the satisfaction of Additional Registrar of this court. SA/R-16/Sindh Sentence suspended.