Law: Criminal Procedure Code (V of 1898)

Section: 426,462(1A)(c)

Criminal Procedure Code (V of 1898)--- ----S. 426---Suspension of sentence pending appeal---Fresh appeal---Old age of accused---Effect---Plea of appellant was that he was an aged person of 82 years of age and besides, the role assigned to him was only of instigation---Validity---Appeal filed by appellant was a fresh one and he was not entitled to be benefitted by the provisions of S. 462(1A)(c), Cr.P.C., which required that if appeal was not decided within a period of two years of conviction, accused could be released on bail---Old age of accused was no ground for suspending sentence---Petition was dismissed, accordingly. 1994 SCMR 1712; PLD 2007 SC 564; 2007 SCMR 992; 1997 SCMR 1521 and 2007 SCMR 246 ref. THIS ORDER PASSED BY: MUHAMMAD SALEEM JESSAR, J.--- Through listed application, appellant Hazaro alias Hazar Khan Shar has sought suspension of the sentence awarded to him by the learned V-Additional Sessions Judge, Larkana, vide judgment dated 30.11.2018. In terms of the judgment, the appellant was convicted and sentenced to imprisonment for life with fine of Rs.300,000/-. Learned counsel for the appellant submits that, appellant is an old aged person having age of 82 years (per his CNIC. Besides, the role assigned to him is that of only instigation and that on merits the appellant has a very strong case and there is every likelihood of his acquittal. In support of his contentions, learned counsel placed his reliance upon 1994 SCMR 1712, PLD 2007 SC 564 and 2007 SCMR 992. Conversely, the learned D.P.G. opposed the grant of application on the ground that sentence awarded to appellant is life imprisonment, which does not fall within term of short sentence and that appeal is fresh one, therefore, as per amendment in Section 426, Cr.P.C, his case falls and covered by clause "C" to Section 426, Cr.P.C, hence he does not deserve to be released on bail at this stage of the case. Mr. Athar Abbas Solangi, Advocate appearing for complainant also opposed the prayer of suspending sentence of appellant on the ground that after full-fledged trial the appellant has been convicted and sentenced; that case is fresh one, as such provisions of Section 426, Cr.P.C. do not…

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