2021 PLP 91 (YLRN)

Crl.Misc.No.1 of 2019. ANWAARUL HAQ PANNUN, J.

Through this criminal miscellaneous petition filed under section 426, Cr.P.C. petitioner namely Modassar has sought his release on bail by way of suspension of his sentence pending disposal of the above-mentioned criminal appeal.

2. Allegedly involved in case FIR No.123/2016, dated 29.03.2016, offence under sections 302, 324, P.P.C. registered at Police Station Harappa, Sahiwal, the petitioner was tried by the learned Addl. Sessions Judge/Juvenile Court, Sahiwal and vide judgment dated 10.05.2018, he has been convicted and sentenced as under:-- i) Under section 302(b), P.P.C. and sentenced to undergo life imprisonment by way of Tazir with compensation of Rs.2,00,000/- as envisaged under section 544-A, Cr.P.C. payable to the legal heirs of the deceased and in default to further undergo SI for six months. ii) Under section 452, P.P.C. and sentenced to undergo three years S.I. with fine of Rs.20,000/- and in default whereof to further undergo S.I. for three months. All the sentences were ordered to run concurrently. 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. The petitioner after his trial as juvenile was convicted and sentenced vide judgment dated 10.05.2018 and since his arrest he is incessantly behind the bars and chances of disposal of instant appeal are bleak in 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. In view of amendment made in the Code of Criminal Procedure (Amendment) Act, 2011, dated 18th April 2011; the ground of statutory delay is available to the petitioner. Further, during the course of arguments, the Court was apprised that the petitioner has been enjoying the premium of bail during the course of trial which fact also finds mentioned in the impugned judgment. There is no second cavil to this proposition that the appeal is continuation of trial. In this context reliance is placed upon case titled Soba Khan v. The State and another (2016 SCMR 1325). Even otherwise the petitioner is neither hardened nor desperate criminals, 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 his 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. JK/M-7/L Petition accepted.