2010 PLP 1087 (MLD)

MUHAMMAD ANWAR BHOUR, J.

Through this miscellaneous petition, petitioners Muhammad Imran and Muhammad Rizwan seek suspension of their sentence awarded to them by the learned Judicial Magistrate Section 30, Gujranwala vide judgment, dated 3-1-2010 whereby he convicted and sentenced the petitioners as follows: -- (i) Under section 458, P.P.C. to undergo 3 years' R.I. each with a fine of Rs.10,000 each. In default of payment of fine to undergo 7 days' S.I. (ii) Under section 337-H(ii), P.P.C. to undergo 2 months' R.I. each with a fine of Rs.5,000 each. In default of payment of fine to further undergo 5 days' S.I. Feeling aggrieved, the petitioners preferred an appeal against the abovesaid conviction and sentence before the learned Sessions Judge Gujranwala, which was dismissed vide judgment, dated 17-2-2010 with some modifications that conviction and sentence of petitioners would be deemed to be under sections 458/337-H(ii) read with section 34, P.P.C.

2. Learned counsel for the petitioners at the very outset states that sentence awarded to the petitioners is short, therefore, liable to be suspended. Reliance was placed on Abdul Hameed v. Muhammad Abdullah and others (1999 SCMR 2589) wherein the Hon'ble Supreme Court of Pakistan has suspended sentence of 5 years.

3. Learned Deputy Prosecutor-General Punjab assisted by learned counsel for the complainant vehemently opposes this petition and has submitted that the learned trial Court has already shown leniency towards the petitioners, therefore, they are not entitled to the relief being sought for. Reliance has been placed on Makhdoom Javed Hashmi v. The State (2007 SCMR 246) and Fazal Muhammad and another v. The State (2002 SCMR 1211).

4. Arguments heard. Record perused.

5. The sentence awarded to the petitioners is short and before the criminal revision is set down for final hearing it is quite possible that the petitioners may have served out their entire sentence. Both the precedents referred to by learned counsel for the complainant are not applicable to the facts and circumstances of this case as the sentence awarded in the above said cases were seven years' R.I. which cannot be termed to be short one for the purpose of suspension of sentence.

6. Without touching the merits of the case, this application is allowed, the sentence passed by learned trial Court against the petitioners is suspended and they are admitted to bail subject to their furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand) each with one surety each in the like amount to the satisfaction of learned trial Court. The petitioners are directed to appear on each and every date of hearing of this appeal. H.B.T./M-229/L Sentence Suspended.