2021 P Cr (PLP)

Criminal Miscellaneous No. 1 of 2019 ANWAARUL HAQ PANNUN, J.

Through this Criminal Miscellaneous Petition filed under section 426, Cr.P.C. petitioner namely Mst. Zahida Perveen has sought her release on bail by way of suspension of her sentence by pending disposal of the above-mentioned criminal appeal.

2. Being involved in a complaint titled Sajjad Hussain v. Ahmad Raza and others under sections 302, 364, 201, 34, P.P.C. of Police Station Harappa, Sahiwal, the petitioner was tried by the learned Additional Sessions Judge, Sahiwal who vide judgment dated 31.05.2017, convicted and sentenced the petitioner as under:- i) Under section 302(b), P.P.C., and sentenced to undergo life imprisonment with compensation of Rs.10,00,000/- as envisaged under section 544-A, Cr.P.C. payable to the legal heirs of the deceased Mst. Meerab Fatima and in default to further undergo SI for six months. He was also extended the benefit of section 382-B, Cr.P.C.

3. Arguments advanced pro and contra have been heard. Record perused.

4. Admittedly, the petitioner was convicted and sentenced on the basis of circumstances evidence. There is no denial to this fact that the petitioner is behind the bars since her arrest i.e. 24.03.2016 and she was awarded life imprisonment vide judgment dated 31.05.2017 and since her arrest she is incessantly behind the bars along with her suckling baby and as such so far she has undergone sentence more than 04 years and the disposal of instant appeal is bleak in the near future due to rush of work, hence I am constrained to observe that liberty of a person being precious right, which is also safeguarded/guaranteed under the Constitution of Islamic Republic of Pakistan, 1973. Moreover, on the basis of same evidence, her three co-accused persons have been acquitted by the learned trial court and on this score she is also entitled for suspension of her sentence. In this context, reliance is placed upon case titled Soba Khan v. The State and another (2016 SCMR 1325) and case titled Maqsood Ahmad v. The State and others (2017 SCMR 397). She is having a suckling baby, in her lap who is also confined with her in jail. Even otherwise, in view of section 426(1-A), Cr.P.C., amendment made in the Code of Criminal Procedure (Amendment) Act, 2011; the ground of statutory delay is also available to the petitioner. More so, the petitioner is neither hardened nor desperate criminal, hence, this Court is constrained to observe that if after suffering the incarceration in jail, the petitioner is ultimately acquitted, there will be no compensation for his incarceration, therefore, while accepting instant application, the above mentioned sentence is suspended till the final decision of the titled appeal, the petitioner is directed to be released on bail subject to her furnishing bail bonds in the sum of Rs.1,00,000/- (one lac) with one surety in the like amount to the satisfaction of DR (J) of this Bench. The petitioner shall ceaselessly appear before this court till final decision of instant criminal appeal. SA/Z-10/L Sentence suspended.