2022 PLP 1002 (MLD)

RAJA SHAKEEL AHMED, J.

Through above titled petition the conviction/petitioners assailed the impugned judgment dated 5-5-2021 passed by the learned Judicial Magistrate Skardu and order dated 17-12-2021 passed by the learned Sessions Judge Skardu, wherein the learned Sessions Judge maintained conviction and sentences awarded by the trial Court and dismissed the appeal of convict/appellant holding devoid of merit. Along with the above Cr. Rev the petitioner/convict also submitted Cr. Misc. No. 10/21 under section 426, Cr.P.C.

2. Through Cr. Misc. No. 10/21 under section 426, Cr.P.C, Bismillah Khan convict/petitioner seeks suspension of the sentence in case FIR No.30/2017 dated 18/05/2017 offence under section 380/457, P.P.C. registered at Police Station City Skardu vide judgment dated 17/11/2021 wherein the learned Sessions Judge maintained conviction and sentences awarded by the trial Court and dismissed the appeal of convict/appellant holding devoid of merit. Whereas the learned trial Court after trial on merit vide its judgement dated 05/05/2021, had convicted the accused/petitioner and sentenced him as under. "In view of above discussion it is held that prosecution has succeeded to establish the charges under sections 380 and 457, P.P.C. against the accused Bismillah Khan, who is convicted accordingly and sentenced to undergo three years' simple imprisonment with fine of Rs. I0,000/under section 380, P.P.C. and to undergo two years S.I with fine of Rs.5000 under section 457, P.P.C. respectively."

3. After hearing the learned counsel for petitioner/convict the learned DAG assisted by the learned counsel for the complainant on Video Link Form Gilgit in GB Chief Court Skardu Registry and perusing the record it is observed that the petitioner appellant was convicted and sentenced as above. The court has to be closed from 15th December on wards for two months on account of winter vacations and tour of bench to Skardu Registry is not expected till the month of March 2022, hence there is no chance of fixation of main Revision petition of Petitioner/convict in near future. The petitioner remained on bail during his trial and there is no allegation that he misused the concession of bail during his trial of case. Since the sentence awarded to the petitioner is short one, therefore, chances, cannot be ruled out that the main revision/appeal of the petitioner couldn't be heard till the period of coming six months, if it happened so, then under section 426 [1-A](a), Cr.P.C., the petitioner/convict would be entitled for bail on the basis of lapse of statutory period of six months, which is envisaged in the above mentioned provision.

4. Resultantly, the instant petition is allowed the sentence awarded to the petitioner/convict Bismillah Khan is suspended and he is ordered to be released on bail, subject to his furnishing bail bonds in the sum of Rs.2,00,000/- (Rupees Two Lac) with- two local sureties each in the like amount to the satisfaction of Assistant Registrar Judicial of this Court (Skardu Registry). Petitioner shall appear before this court in each and every date of hearing till the final decision of main Cr. Revision No.04/21, the Criminal Miscellaneous No.10/21 is disposed of accordingly. File. SA/16/GB Sentence suspended.