1986 P Cr (PLP)

(b) Criminal Procedure Code (V of 1898) ‑‑‑S. 426‑‑Penal Code (XLV of 1860), S. 302/34‑‑Suspension of sentence‑‑Accused persons did not cause fatal injury to deceased and were only alleged to have caused simple injuries to deceased‑‑Accused though remaining in jail for more than two years after their conviction yet their appeal not being disposed of‑‑Bail allowed to accused persons by was of suspension of sentence. Sardar Latif Khan Khosa for Appellants. Muhammad Zafar Yasin for the State. Date of hearing: 12th January, 1986. The petitioners were convicted under section 302/34, P.P.C. and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000 each in default whereof to further undergo R.I. for one year. Bail is being sought mainly on the ground that in spite of the period of two years having passed after filing oaf appeal, the same has not yet been disposed of.

2. Learned counsel for the state has opposed the grant of bail. According to him, grant of bail after lapse of period of two years is not a must and the element of discretion while granting bail remains with the Court and for that allegations and facts have to be kept in view.

3. According to the evidence the deceased had suffered in all three injuries, each one of which has been assigned specifically to the three petitioners who are real brothers. The injuries ascribed to Muhammad Asghar and Muhammad Bashir petitioners are on the left side of neck and left shoulder joint respectively. Both of them were declared simple. Even the dimension of the injuries are not very big. The third injury which was on the back of right lumber region, and which proved fatal has been ascribed to Muhammad Shabbir. Keeping in view, the fact that Muhammad Shabbir was alleged to have given the fatal injury and has been held responsible for having caused the same, by the trial Court, the petition qua him is dismissed. So far as other two petitioners are concerned keeping in view the fact that they have caused only simple injuries and are in Jail since more than two years after conviction and their appeal has not been disposed of so far, they are directed to be released on bail on their furnishing bail bonds in the sum of Rs.20,000 (Rs. Twenty Thousand only) with one surety each in the like amount to the satisfaction of Assistant Commissioner, Sialkot. H.A.K. Sentence suspended.