BASHARAT ALI vs State S — 2023 MLD 60 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 60 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: BASHARAT ALI vs State S
Subject matter: Criminal
Provisions referred to: S. 426---J; S. 18---S; S. 426; S. 18

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

BASHARAT ALI VS State S. 426---Juvenile Justice System act (XXII of 2018), S. 18---Suspension of sentence pending appeal---Scope---Convict sought suspension of execution of his sentence on statutory ground of delay in decision of appeal---Convict was tried and convicted as a "juvenile"---Section 6(5) of the Juvenile Justice System act, 2018, provided for grant of bail on the ground of delay in trial---No such provision was provided in the statute for suspension of execution of sentence of the person convicted by Juvenile Court, during pendency of his appeal---Recourse to S. 426, Cr.P.C. could be made for suspension of execution of sentence in view of S. 18 of the Juvenile Justice System act, 2018---Under S. 426(1-a)(c), Cr.P.C., if a convict had been sentenced to imprisonment for life or imprisonment exceeding seven years and his appeal had not been decided within a period of two years of his conviction then his request/prayer for suspension of execution of sentence on the ground of delay in decision of appeal could be considered---Since a period of two years had not elapsed in the appeal, therefore, ground of delay in decision of appeal was not available to the convict---application was dismissed.

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