1994 P Cr (PLP)

S. 426(1)

Penal Code (XLV of 1860), S. 302/34

Suspension of sentence

Female accused are entitled to special treatment

Female accused was in jail since the date of her conviction

Other accused had been found innocent during investigation

Appeal was not likely to be fixed for hearing in the near future

Sentences of accused were suspended in circumstances and they were released on bail accordingly. Mian Muzaffar Ahmad for Petitioners. Hafiz Ghulam Bari for the State. Criminal Miscellaneous No.1/B of 1993 SH. IJAZ NISAR, J.-- Maqsood son of Ghulam Rasa Mst. Zubaida widow of Muhammad Ashraf, and Abdur Razzaq son of Behram, were convicted by Mr. Fayyaz Ahmad Bhutta, learned Additional Sessions Judge II, Okara, on 10-10-1992, under section 302/34, P.P.C. for having caused the death of Muhammad Ashraf by strangulation. Maqsood Ahmad was sentenced to death plus a fine of Rs.10,000 or in default thereof to undergo two years' R.I. Mst Zubaida and Abdul Razzaq were sentenced to imprisonment for life plus a fine of Rs.10,000 each or in default thereof to suffer two years' R.I. each. All the convicts were also directed to pay a sum of Rs.10,000 each as compensation under section 544-A, Cr.P.C. to the legal heirs of the deceased or in default thereof they were ordered to undergo R.I. for four months each. The convicts have challenged their conviction and sentences by fling Criminal for Appeal suspension No.842 of 1992their before sentences this Court. They have also moved an application .

2. At the very outset, learned counsel does not press the petition for suspension of sentence qua Maqsood Ahmad and as such it stands dismissed to his extent. However, the learned counsel presses the petition for the remaining two petitioners. It is contended by the learned counsel that Abdul Razzaq was declared innocent during the investigation and that on the basis of the report of the investigating agency he was discharged by the learned Magistrate. He also states that there was no sufficient evidence to connect Mst. Zubaida with the commission of the crime. We are inclined to suspend the sentences of Abdul Razzaq and Mst. Zubaida, inasmuch as Mst. Zubaida being a woman is entitled to special treatment. She is in jail since the date of her conviction. Abdul Razzaq was found innocent during the investigation. Be that as it may, in our view, this is a fit case for suspension of the sentences of the petitioners. There is no likelihood of the appeal being fixed for hearing in the near future This being so, the sentences of the petitioners Abdul Razzaq and Mst. Zubaida are hereby suspended provided they furnish bail bonds in the sum of Rs.50,000 (Rupees fifty thousand) each with two sureties each in the like amount to the satisfaction of the A.C./Duty Magistrate, Depalpur. In the peculiar circumstances of the case, we would also direct the office to fix the main appeal for hearing at an early date. N.H.Q./M-1282/L Sentences suspended