section 426

Suspension of sentence pending appeal.Release of appellant on bail.
(1) Pending any appeal by a convicted person, the appellate  court may,   for reasons  to be recorded by  it in writing , order that the execution of the sentence or order appealed against be suspended and , also, if he is in confinement, that he be released on bail or on his own bond.

(2) The power conferred by this section on an appellate court may be exercised also by the High Court in the case of any appeal  by a convicted person to a court subordinate thereto .

(2-A) Subject to provisions of  section 382A when any person other than a person accused of a non bailable offence is sentenced to imprisonment by  a court, and an appeal lies from the sentence, the court may, if the convicted person satisfies the court that he intends to present an appeal , order that he be released on bail, for a period sufficient in the opinion of the court to enable him  to present the appeal and obtain the orders of the appellate court  under sub-section(1) and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.

(2-B)Where a High Court is satisfied that a convicted person has been granted special leave to appeal to Supreme Court against  any sentence which it has imposed or maintained, it may, it it so  thinks fit order that pending the appeal the sentence  or order appealed against be  suspended , and also, if the said person is in confinement,  that he be released on bail.

(3) When the appellant is ultimately sentenced to imprisonment, or imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced.

PLD 2000 SC 18
The powers conferred on an Appellate Court under section 426 crpc to suspend sentence pending the hearing of an appeal are not wider than the powers to release on bail under section 497 and 498 of the Code.

2003 P.Cr. L.J.931
Suspension of sentence and grant of bail under section 426  is controlled and guided by the provisions of section 497 (1) crpc.

2003 YLR  535
Court cannot enter into reappraisal of the evidence which would be considered at the time of appeal. But , where the judgment suffers from any legal error or for that matter jurisdictional error, it would  be  within the competency  of the High Court in exercise of its jurisdiction under section 426  crpc to suspend the sentence and  grant bail.





Guiding principles for suspension of sentence
1999  MLD  2382


(1) THAT AN APPLICANT , AS A MATTER OF RIGHT , IS NOT ENTITLED FOR SUSPENSION OF SENTENCE ON CONSIDERATION OF MERITS OF THE CASE.


(2) THAT AN APPELLATE COURT SHALL NOT SUSPEND A SENTENCE UNDER SECTION 426(1) UNLESS STRONG GROUNDS ARE MADE TO APPEAR THAT THE CONVICTION IS NOT LIABLE TO BE SUSTAINED.


(3)THAT THE QUANTUM OF SENTENCE AWARDED TO AN APPELLANT , NATURE OF OFFENCE FOR WHICH SUCH APPELLANT WAS CONVICTED AND THE PERIOD  OF DETENTION UNDERGONE MAY  BE TREATED AS PRIMA CONSIDERATION FOR SUSPENSION OF SENTENCE.


(4)that in case an appellant insists on the Appellate Court on evaluation of evidence on merits, the Appellate Court is required to tentatively evaluate the same and , thereafter, exercise its discretion according to the well established principles of fair and independent administration of justice.

An Appellate Court is not required to give its reasoning for suspension of sentence in detail but such order should be a speaking order and must reflect that the discretion was judicially exercised  by the Appellate Court.


section 497 and 426  analogous provisions
PLD2013 Lah.249
Both are analogous provisions and in the  absence of any  guideline, the principles which govern section 497 would guide the exercise of discretion under section 426 crpc.

2013 YLR  1127
Principles enumerated for the grant of bail under section 497 might be considered at the time of deciding an application for suspension of sentence under section  426.

conviction cannot be suspended
2012 MLD 1532
The Appellate Court has no authority under section 426 to suspend the conviction.

difference between sentence and conviction
Conviction and sentence are two different terms.

Conviction means proving or finding guilty.

Sentence is punishment awarded to a person convicted in criminal trial.

conviction is followed by sentence.
Appreciation  of evidence
PLD 2008 Kar.516
While hearing an application under section 426 deeper appreciation of evidence is not required.

Pending any appeal
Power to grant bail by suspension of sentence is not fettered by the provisions of section 497 and 498 ( PLD 1992 SC 463 )
Convicted person
This section deals exhaustively with bail to convicted persons whereas section 496 and 498 deal with bail  of accused persons  before they are convicted.
Court which may pass order
Before the insertion of (2-A) the only Courts which had powers to suspend the execution of a sentence or order under this section were the appellate court and the High Court. after this sub section  , the power to release on bail has also been extended to the Court which passed the sentence , as long as the convicted person is so released on bail, the sentence is deemed to be suspended.(PLD  1967 Lah.  1302)

Release on bail
The two expressions namely  , admitted to bail and released on bail are synonymous. The appellate court can release the accused on bail whether the offence is bailable or not.

Cancellation of bail
Section 426 crpc   does not empower the High Court to cancel bail granted to the appellant. Powers given to courts under section 497(5) to cancel the bail in the case of a person who is accused of some offence have not been given to the same courts in respect of an appellant. Section 561A Crpc does not empower the High Court to  cancel the order granting bail to the appellant under section 426 crpc.

double presumption of innocence
The question of bail can also arise in appeals  or revisions against acquittal.An accused is presumed to  be innocent and when he is duly tried and acquitted, he earns a double presumption of innocence.
Abdul Mateen case
PLD  2006 SC  538