2021 P Cr (PLP)

Criminal Misc. No.01 of 2020 SHEHRAM SARWAR CH., J.

Through this application, Mazhar Muhammad, petitioner/appellant seeks suspension of sentence awarded to him by the learned Addl. Sessions Judge, Mianwali vide judgment dated 25.11.2019 in case FIR No.71 dated 10.07.2015 offence under sections 302, 324 and 34, P.P.C. registered at Police Station Chikrala District Mianwali whereby he along with his co-accused was convicted under sections 302(b) and 34, P.P.C. and sentenced to imprisonment for life, with further direction to pay Rs.2,00,000/- (rupees two lakh only) to the legal heirs of deceased under section 544-A, Cr.P.C. and in default whereof, to further undergo six months' S.I. The petitioner/appellant was also convicted under section 324, P.P.C. and sentenced to rigorous imprisonment for ten years with fine of Rs.50,000/- (rupees fifty thousand only) and in default thereof, to further undergo simple imprisonment for six months. He was also sentenced to pay arsh equal to 1/3rd of Diyat (Rs.5,60,090/-) to Muhammad Akram (injured). All the sentences were ordered to run concurrently with benefit of section 382-B, Cr.P.C.

2. After hearing the learned counsel for the parties as well as learned Law Officer for the State and going through the available record, it has been observed as under:- a) According to the judgment, the role ascribed to the petitioner/appellant was that of raising lalkara and catching hold of Muhammad Akram (injured). There was no allegation against him that he caused any injury to the deceased or the injured person. The motive was also not alleged against the petitioner/ appellant. b) As per. prosecution, the petitioner/appellant also sustained firearm injury at the hands of his co-accused Azhar Muhammad. c) The petitioner is behind the bars since the day of his arrest and there is no likelihood of early fixation of the main appeal. Therefore, the petitioner/appellant has made out a case for suspension of his sentence.

3. Considering all the circumstances of the case, this petition is allowed and the sentence awarded to Mazhar Muhammad, petitioner/ appellant by the learned Addl. Sessions Judge, Mianwali vide its judgment dated 25.11.2019 is hereby suspended subject to his furnishing bail bond in the sum of Rs.2,00,000/- (rupees two lakh only) with one surety in the like amount to the satisfaction of Deputy Registrar (Judi) of this Court. The petitioner/appellant is, however, directed to appear before this Court on each and every date of hearing to be fixed in the main appeal. SA/A-60/L Sentence suspended.