2015 PLP 2665 (YLR)

C.M. No.1 of 2013 Petitioners Muhammad Hayat and Bashir Ahmad through the instant petition have sought suspension of their sentence awarded to them by the learned Addl. Sessions Judge, Kabirwala, District Khanewal in case FIR No.203/2004, dated 22-5-2009, under Sections 302, 337-A(ii), 337-F(i)/34, P.P.C. registered at Police Station Saddar Kabirwala and vide judgment dated 21-10-2013 they were convicted under Section 302(b)/34, P.P.C. to imprisonment for life each with a fine of Rs.50,000 each as compensation under section 544-A, Cr.P.C. to be paid to the legal heirs of the deceased, in default of which to further undergo three months S.I. each. They were further convicted under Section 337-F(i), P.P.C. and sentenced to one year R.I. each with daman of Rs.10,000 to be paid to injured Mureed Abbas, in default thereof they would be kept in jail till the realization of the same. Benefit of Section 382-B, Cr.P.C. was, however, extended to them.

2. Arguments heard. Record perused.

3. Perusal of the file reveals that previously the petitioners along with their co-accused, Afzal were convicted and sentenced vide judgment dated 30-4-2007. All the convicts preferred Crl.A. No.200 of 2007 before this Court and this Court vide order dated 10-9-2013 remanded the case back to the learned trial court to re-write the judgment separately in the private criminal complaint and the FIR case. Now the accused have been convicted and sentenced through judgment dated 21-10-2013 by the learned trial court and they have preferred Criminal Appeal No.448 of 2013. During the pendency of the appeal, the petitioners have preferred instant petition for suspension of their sentence on the ground that previously when the Crl. A. No.200 of 2007 was pending they were on bail and thereafter they were arrested on 14/15-6-2007 and they have served out about 12 years of their sentence. Their co-accused, Muhammad Afzal to whom the role of firing at the deceased was attributed has been convicted and sentenced to death, therefore, there is no likelihood of early conclusion of the main appeal in near future. Learned D.P.G. as well as the learned counsel for the complainant could not point out any material against the petitioners which shows that they are previously involved in such like cases. In these circumstances, further captivity of the petitioners in jail will not serve any useful purpose to the prosecution and they are entitled to be released on bail by suspending their sentence.

5. Resultantly, we accept the instant petition and suspend the sentence of the petitioners subject to their furnishing bail bonds in the sum of Rs.200,000 (Rupees two lac only) each with one surety each in the like amount to the satisfaction of the Deputy Registrar (Judl) of this Court. They are directed to appear before this Court on each and every date of hearing till the final disposal of the main appeal. HBT/M-247/L Sentence suspended