--Superintendent Central Jail, has submitted a report in compliance of this Court’s order showing that the petitioner has served out twelve years, ten months and eighteen days of his sentence including remissions-

 PLJ 2022 Cr.C. 611 (DB)

Criminal Procedure Code, 1898 (V of 1898)--

----S. 426(2-B)--Suspension of sentence--Pendency of criminal appeal in the Supreme Court of Pakistan--Petitioner preferred appeal before August Supreme Court of Pakistan wherein leave to appeal was granted to the petitioner--Petitioner was convicted and sentenced by the trial Court to the capital punishment in offence u/S. 302-B, PPC with the compensation of Rs.100,000/- and imprisonment for life--His sentence of death was converted into imprisonment for life by High Court-- He has been granted leave to appeal by august Supreme Court of Pakistan--Superintendent Central Jail, has submitted a report in compliance of this Court’s order showing that the petitioner has served out twelve years, ten months and eighteen days of his sentence including remissions--There is no prospect of its early hearing during which period he shall serve out the whole of his sentence--Petition in hand is allowed and sentence of the petitioner is suspended till the final disposal of the appeal.

                                                                  [Pp. 612 & 613] A, B, C & D

Malik Muhammad Saleem, Advocate for Petitioner.

Mr. Muhammad Ali Shahab, Deputy Prosecutor General for State.

Date of hearing 8.9.2021.

 PLJ 2022 Cr.C. 611 (DB)
[Lahore High Court, Multan Bench]
Present: Asjad Javaid Ghural and Ali Zia Bajwa, JJ.
ABDUL QADIR--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 1403-M of 2021, decided on 8.9.2021.

Order

Through this petition in terms of Section 426(2-B), Cr.P.C., petitioner Abdul Qadir has sought suspension of sentence of rigorous imprisonment for life converted/awarded to him by this Court vide judgment dated 19.01.2017 passed in Criminal Appeal No. 960/2011 in case FIR No. 242/2010 dated 13.05.2010, in respect of offences under Sections 302 & 460, PPC, registered with Police Station, Fazilpur District Rajanpur against the judgment of his capital sentence dated 29.10.2011 passed by the learned Additional Sessions Judge, Rajanpur.

2. Feeling aggrieved, the petitioner preferred appeal before august Supreme Court of Pakistan through Criminal Petition No. 497/2017 wherein leave to appeal was granted to the petitioner vide order dated 01.12.2020. Hence, this petition for suspension of sentence.

3. Learned counsel for the petitioner has contended that the petitioner has been granted leave to appeal by august Supreme Court of Pakistan to the effect that the provisions of Section 460, PPC did not make out, the source of light as claimed by the eye-witnesses was not confidence inspiring and the ocular account is in contradiction with the medical evidence as to the weapon of offence used for causing fire-arm injury to the deceased. Further submits that the petitioner is behind the bars for a continuous period of more than thirteen years and there is no prospect of early hearing and decision of his appeal before august Supreme Court of Pakistan, which relates to year, 2020.

4. On the other hand, learned Deputy Prosecutor General has vehemently opposed this petition with the contention that though his sentence of capital punishment has been converted into life yet his conviction has been confirmed by this Court after due re-appraisal of the evidence, therefore, his sentence cannot be suspended.

5. We have heard learned counsel for petitioner, learned Deputy Prosecutor General appearing for the State and perused the record.

6. The petitioner was convicted and sentenced by the learned trial Court vide judgment dated 29.10.2011 to the capital punishment in offence under Section 302-B, PPC with the compensation of
Rs. 100,000/- and imprisonment for life in offence under Section 460, PPC alongwith the fine of Rs. 50,000/-. However, his sentence of death was converted into imprisonment for life by this Court vide judgment dated 19.01.2017 passed in Crl. Appeal No. 960/2011. He has been granted leave to appeal by august Supreme Court of Pakistan vide order dated 01.12.2020. He was arrested in this case on 11.08.2010 and since then he is behind the bars. The Superintended Central Jail, Multan has submitted a report in compliance of this Court's order dated 03.03.2021 vide Letter No. E/21/CT/Ser.5514 dated 03.03.2021 showing that the petitioner has served out twelve years, ten months

and eighteen days of his sentence including remissions. At present, the petitioner has served out more than 13½ years of his sentence including remissions. The appeal of the petitioner before august Supreme Court of Pakistan relates to year, 2020 and there is no prospect of its early hearing during which period he shall serve out the whole of his sentence.

7. In view of what has been noted above, the petition in hand is allowed, impugned judgment dated 19.01.2017 to the extent of sentence of the petitioner is hereby suspended till the final decision of the appeal before august Supreme Court of Pakistan subject to his furnishing bail bonds in the sum of Rs. 500,000/- with two sureties each in the like amount to the satisfaction of the Deputy Registrar (J) of this Court. The petitioner is directed to appear before august Supreme Court of Pakistan on each and every date of hearing in his appeal.

(K.Q.B.)          Petition allowed