FAIZUR RAHMAN SARKAR vs THE STATE And 2 Other — 1970 SCMR 175

Citation: 1970 SCMR 175

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-07-04

Parties: FAIZUR RAHMAN SARKAR vs THE STATE And 2 Other

Headnotes

Case cited as 1970 SCMR 175

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Abdus Sattar, Mujibur Rahman Khan, Muhammad Yaqub Ali Khan Title: FAIZUR RAHMAN SARKAR vs THE STATE And 2 Other Case No.: Criminal Appeal No. 9-D of 1969 Date of Judgment:1969-07-04 Reported As: 1970 SCMR 175 Result: Appeal accepted JUDGMENT JUDGMENT MUHAMMAD YAQUB ALI, J.-The short question raised in this appeal by special leave is whether bail granted under section 426, Cr. P. C., can be made conditional on payment of fine imposed by the Court below. The appellant was convicted by the Assistant Sessions Judge, Dinajpur, under section 407, P. P. C. For misappropriating 42,752 maunds, 27 seers of Government paddy and sentenced to 32 years simple imprisonment and a fine of rupees two lacs, in default to undergo further imprisonment for one year. Both conviction and sentence were, on appeal, affirmed by the session Judge Dinajpur, from which the petitioner preferred a revision petition in the High Court. The learned Judges while issuing rule in the petition directed that the appellant be released on bail in.---the sum of rupees three lacs and allowed him one month's time to pay the fine. It was further laid down that in case of default in the payment of fine the bail shall stand cancelled. Section 426 of the Code confers on the High Court the power to direct that pending the appeal, the execution of the sentence awarded to the convicted person may be suspended and also if he is in confinement that he be released on bail or on…

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