--The Petitioner cannot be kept behind bars for an indefinite period as it would amount to punishment in advance

 PLJ 2022 Lahore 634 (DB)

Constitution of Pakistan, 1973--

----Art. 199--Constitutional petition--Criminal Procedure Code, (V of 1898), S. 426--Constitutional sentence--Suspension of sentence--The sentence awarded to Petitioner being five years is indeed short--His appeal is not likely to be fixed in near future as it relates to year 2021--In case, his sentence is not suspended there is a possibility that he may serve out his entire sentence before his petition is decided--The Petitioner cannot be kept behind bars for an indefinite period as it would amount to punishment in advance.

                                                                                             [P. 635] A

1999 SCMR 2589, 2005 PCr.LJ 657, 2008 MLD 312,
PLJ 2016 Cr.C. (Lahore) 24.

Mr. Javed Iqbal Malik, Advocate for Petitioner.

Mr. Fayyaz Ahmad Basra, Assistant Advocate General for State.

Date of hearing: 25.1.2022.

 PLJ 2022 Lahore 634 (DB)
[Lahore High Court, Lahore]
Present: Muhammad Ameer Bhatti, C.J. and
Tariq Saleem Sheikh, J.
Tariq Saleem Sheikh, J.
MUHAMMAD KHALID JAVED--Petitioner
versus
STATE etc.--Respondents
W.P. No. 11220 of 2022 in Crl. A. No. 8693 of 2021,
decided on 25.1.2022.

Order

The Petitioner was tried by the learned Judge, Anti-Terrorism Court, Gujranwala, in case FIR No. 17/2020 dated 3.12.2020 registered at Police Station CTD, Gujranwala, and was convicted and sentenced as under vide judgment dated 11.1.2021:

i)        Convicted under Section 11-W of Anti-Terrorism Act, 1997 and sentenced to two years rigorous imprisonment with fine of Rs. 20,000/-and in default thereof to undergo simple imprisonment for a further period of 10 days.

ii)       Convicted under Section 11-F(6) of Anti-Terrorism Act, 1997 and sentenced to three years rigorous imprisonment with fine" of Rs. 25, 000/-and in default thereof to undergo simple imprisonment for a further period of 15 days.

iii)      Convicted under Section 11-H(2) of Anti-Terrorism Act, 1997 and sentenced to five years rigorous imprisonment with fine of Rs. 50,000/- and in default thereof to undergo simple imprisonment for a further period of 20 days.

iv)      Convicted under Section 11-OOO of Anti-Terrorism Act, 1997 and sentenced to five years rigorous imprisonment.

The Petitioner's sentences of imprisonment were ordered to run concurrently and benefit of Section 382-B, Cr.P.C.? was extended to him.

2. The Petitioner has filed the Crl. Appeal No. 8693/2021 against the judgment of the learned trial Court dated 11.1.2021 which is still pending. Through this constitutional petition he seeks suspension of his sentences and prays that he may be released on bail.

3. Arguments heard. Record perused.

4. The sentence awarded to the Petitioner being five years is indeed short. His appeal is not likely to be fixed in the near future as it relates to the year 2021. In case, his sentence is not suspended there is a possibility that he may serve out his entire sentence before his petition is decided. The Petitioner cannot be kept behind the bars for an indefinite period as it would amount to punishment in advance. Keeping in view all these circumstances and relying on Abdul Hameed v. Muhammad Abdullah and others (1999 SCMR 2589), Nazeer Ahmed and 2 others v. The State (2005 P Cr.LJ 657), Ilyas alias Billu v. The State (2008 MLD 312) and Shafique Masih alias Mian Masih v. State & another [PLJ 2016 Cr.C. (Lahore) 24], this application is accepted. The sentence of the Petitioner is suspended and he is released on bail subject to his furnishing bail bonds in the sum of Rs. 300,000/- (Rupees three hundred thousand) with one surety in the like amount to the satisfaction of the learned trial Court:

5. The Petitioner shall attend the Court on each and every date of hearing till the disposal of the appeal.

(A.A.K.)          Application accepted