2020 PLP 67 (YLRN)

ALI BAIG, J.

Through the instant petition filed under section 426, Cr.P.C., the petitioners/appellants have sought release of the petitioners on bail by suspending the sentence/conviction order dated 26.09.2017, passed by the learned Sessions Judge Ghizer, in Sessions Case No.22/2015.

2. Succinctly facts necessary for disposal of this petition are that the present petitioners/appellants were involved in a criminal case FIR No.14/ 2015, registered under Section 302/34, P.P.C. at Police Station Yasin as they have allegedly committed murder of one Syed Junaid Shah on 20-04-2015. Challan against the petitioners was submitted in the trial court. The learned trial court after conducting full trial convicted the petitioners under Section 302/34, P.P.C. and sentenced them rigorous imprisonment for life vide judgment dated 28-09-2017.

3. Feeling aggrieved and dissatisfied with the aforesaid judgment, passed by the learned Sessions Judge Ghizer, the petitioners/appellants have filed a criminal appeal under Section 410, Cr.P.C. in this Court on 04-10-2017, which has yet not been disposed by this Court despite lapse of more than two years, hence this petition.

4. The learned counsel appearing on behalf of the petitioners have contended that criminal appeal against conviction of the petitioners was admitted for regular hearing by this Court on 11-10-2017 and counsel for the petitioners/convicts has not sought a single adjournment. The learned counsel for the petitioners have further argued that despite lapse of two years and four months, the criminal appeal of the petitioners/appellants has yet not been decided either on the request for adjournment on behalf of the State or complainant or engagement of Hon'ble DB in other cases, therefore, the petitioners are entitled for concession of bail by suspending conviction and sentence of the petitioners under the provisions of Section 426, Cr.P.C.

5. Conversely, the learned Deputy Advocate General and the learned counsel for the complainant have controverted the arguments advanced by the learned counsel for the petitioners by contending that reason for delay in deciding appeal of the petitioners was that the petitioners/ appellants had not supplied copy of the detailed judgment passed by the learned trial court and paper book in time. The learned Deputy Advocate General and counsel for the complainant have further argued that main criminal appeal of the petitioners has been fixed on 10-03-2020 and the same would be disposed of on the above appointed date; hence, this petition of the petitioners may be dismissed.

6. I have heard the arguments advanced by the learned counsel for the parties and perused the record of the case with their able assistance.

7. Admittedly, the main criminal appeal of the petitioners/appellants was admitted for regular hearing on 11-10-2017 by this Court as evident from order sheet dated 11-10-2017. From perusal of order sheets maintained by this Court, it reveals that the counsel for the petitioners/ appellants was in attendance on each and every date of hearing and he has not sought a single adjournment; thus, the petitioners are not responsible for delay in disposal of the main criminal appeal of the petitioners/appellants in time.

8. In normal course of events, the petitioners would be entitled to bail on the ground that more than two years have elapsed and main criminal appeal of the petitioners/appellants has not been decided. There is no likelihood of hearing of main criminal appeal of the petitioners/ appellants in near future as presently only two judges of this Court are functioning and the Hon'ble Chief Judge of this Court is on medical leave and appeal of the appellants cannot be decided by a single bench of this Court. Moreover, there is nothing on record to show that the petitioners are previous convict, hardened, dangerous criminals or accused of an act of terrorism. The criminal appeal was filed on 11-10-2017 and more than two years and four months have passed but the same has not been decided/disposed of till today. The delay in hearing and deciding of the appeal has not been caused by the petitioners, thus the petitioners by virtue of provisions of Section 426, Cr.P.C. have become entitled for suspension of sentence and release on bail.

9. In view of above discussion and reasons, this petition for suspension of sentence of the petitioners is allowed and sentence awarded to the petitioners dated 28-09-017 passed by the trial court is suspended. Consequently, the petitioners/ appellants are released on bail subject to their furnishing bail bonds in the sum of Rs.300,000/- with two sureties each in the like amount to the satisfaction of Assistant Registrar (Judicial) of this Court. File. ADN/21/GB Sentenced suspended.