426 – Principles for suspension of sentence :

Rel. 2016 SCMR 1325 (Soba Khan’s Case), 1991 SCMR 1909, 2013 SCMR 1403, 2007 SCMR 246, 2005 PCrLJ 657 Kar., 2008 MLD 312, 2010 YLR 1178 Kar., 1999 MLD 2382 Kar. ------

While considering the above referred authoritative judgments of the superior Courts, following principles have been laid down for suspension of sentence :-

Where sentence is short coupled with delay in decision of appeal.

There is likelihood that the appeal cannot be decided within near future.

The petitioner/appellant has served the major portion of his sentence.

The sentence shall not be suspended, where role of the petitioner/appellant cannot be extacted without deeper appreciation of evidence.

Powers of the Appellate Court in granting bail at post-conviction stage shall be guided by the criteria/process provided in S.497 CrPC.

Sentence should be suspended in appropriate cases through tentative assessment of the evidence on record, if case of the convicted persons is found fit for grant of bail.’

Sentence can be suspended if on reconsideration of evidence the Court of appeal is of the view that conviction/sentence is not liable to be maintained by slightly touching merits of the case without recording conclusive findings.

Limitation described in S.426 sub-section (1-A) of CrPC which is reproduced as follows :

S.426 (1-A) : An appellate court shall, except where is of opinion that the delay in the decision of appeal has been occasioned by an act or omission of the appellant or any other person acting on his behalf, order a convicted person to be released on bail who has been sentenced.

(a)- to imprisonment for a period not exceeding three years and whose appeal has not been decided within a period of six months of his conviction.

(b)- to imprisonment for a period exceeding three years but not exceeding seven years and whose appeal has not been decided within a period of one year of his conviction; or

(c)- to imprisonment for life or imprisonment exceeding seven years and whose appeal has not been decided within a period of two years of his conviction.

Provided that the provision of the foregoing paragraphs shall not apply

to a previously convicted offender for an offence punishable with death or imprisonment for life or

to a person who, in the opinion of the Appellate Court, is a hardened, desparate or dangerous criminal or is accused of an act of terrorism punishable with death or imprisonment for life.

2019 PCrLJ 41 Islamabad

(J. Mohsin Akhtar Kayani)