2014 PLP 484 (YLR)

ABDUL MAALIK GADDI, J.

By this order, I intend to dispose of C.M.A. No.1642 of 2013, i.e. an application under section 426, Cr.P.C. filed by the Advocate for appellants with a prayer to suspend the sentences awarded to the appellants by learned trial Court vide impugned judgment dated 13-7-2013, and enlarge them on bail, during pendency of appeal.

2. Notice of this application was given to learned Addl. A.G and so also to complainant. Mr. Ghulam Ali Samtio learned Advocate for the appellants, Miss. Shamim Khokhar learned Advocate for the State and Mr. Saleem Raza Jakhar, learned Advocate for complainant are present and they have been heard on this application.

3. Learned Advocate for appellants in support of his application has mainly argued that since main criminal appeal against conviction of the appellants has already been admitted to regular hearing by Hon'ble Mr. Justice Salahuddin Panhwar, vide order dated 24-7-2013. He further submitted that sentences awarded to appellant No.1 Liaquat to undergo' R.I. for three years for the offence under section 337-F(iii) P.P.C. while appellant Sanaullah, was awarded sentences to suffer R.I. for five years under sections 337-D and 337-F(v) P.P.C. are short sentences and during trial they were on bail, but did not misuse the bail. According to him, paper book has not yet been prepared and it will take time, therefore, he has prayed for suspension of sentences till hearing of the appeal. In support of his arguments he has relied upon unreported Order dated 9-10-2012, passed by this Court in Criminal Appeal No. S-81 of 2012.

4. Learned State Counsel did not oppose this application.

5. However, learned Advocate for complainant has opposed the application in hand by arguing that if the appellants are allowed bail, they will jump the bail. He has not relied upon any case-law in support of his arguments.

6. Admittedly, the main criminal appeal filed by the appellants against their conviction and sentence has already been admitted by my learned brother Mr. Justice Salahuddin Panhwar vide his detailed order dated 24-7-2013, while relying the case-law reported in 2009 PCr.LJ

747. Perusal of record shows that the appellants were convicted by learned Additional Sessions Judge, Kamber, in Sessions Case No.208 of 2011, and awarded sentence to appellant Liaquat to undergo' R.I. for three years for offence under section 337-F(iii) P.P.C, while appellant Sanaullah was awarded sentence to suffer R.I for five years for each count for offences under section 337-D and 337-F(v) P.P.C. Record shows that appellants were on bail during trial before trial Court. Paper book has not yet been prepared; certainly it will take time; sentences awarded to the appellants are short as stated above. I, therefore, under the aforementioned facts and circumstances of the case and in view of order passed in Criminal Appeal No. S-81 of 2012, and also in view of numerous judgments of Hon'ble Supreme Court of Pakistan feel no hesitation to allow this application, which is allowed. Consequently, the sentences awarded to the appellants are hereby suspended till disposal of appeal and appellants are granted bail on furnishing their sureties in the sum of Rs.50,000 (Fifty thousand) each and P.R bond in the like amount to the satisfaction of Additional Registrar of this Court. HBT/L-8/K Application allowed.