1999 PLP 1374 (MLD)

Nazir Ahmed and Ghulam Shabbir petitioners were tried in this case before the learned Additional Sessions Judge, Kot Addu;

2. Nazir Ahmed stands convicted under section 302, P. P. C. and sentenced to imprisonment for life for having caused the death of Saeed Ahmed while the petitioner was acquitted of this charge.

3. The petitioner and Nazir Ahmed co-accused stand convicted and sentenced under sections 337-A(ii) and 337-L(ii), P.P.C. read with section 34, P.P.C. vide judgment dated 14-4-1996 on three counts for having caused injuries to Muhammad Hussain, Mst. Sarwar Mai and Mst. Naseem Mai and ordered to undergo sentence of 5 years' R.I. each and to pay jointly Rs.10,147 as 'Arsh' on each count under section 337-A(ii)/34, P.P.C and to undergo two years' R. I. each and pay Rs.5,000 as 'Daman' on each count under section 337-L(ii)/34, P.P.C.

4. It was ordered by the learned trial Court that all the sentences shall run concurrently and they shall be detained in jail till the payment of Arsh and Daman is made to the three injured P.Ws.

5. Ghulam Shabbir petitioner has through this petition sought the suspension of sentences awarded to him. It has been argued that since the appeal is a continuation of trial, the payment of Daman and Arsh would be made after final order is passed by this Court. It has also been argued that it is a short sentence and the petitioner has undergone and completed the statutory period in jail and still the appeal has not been fixed for hearing.

6. Learned counsel for the State has controverted these arguments and submits that the order of the learned trial Court is clear that the petitioner would be detained in jail till the payment of Arsh and Daman and he has referred to section 337-X pertaining to the payment of Arsh which declares that the Arsh may be made payable in a lump sum or in instalments spread over a period of three years from the date of the final judgment. Second part of the same section provides that where a convict fails to pay Arsh or any part thereof within the period specified in subsection (1), the convict may be kept in jail and dealt with in the same manner as if sentenced to simple imprisonment until Arsh is paid in full or may be released on bail if he furnishes security equal to the amount of Arsh to the satisfaction of the Court.

7. Arguments heard and record perused.

8. The petitioner has undergone the statutory period as required by law and the appeal has still not been disposed of. It is a short sentence and is itself a good ground for the suspension of sentence. The prayer of the petitioner is accepted and his sentence is ordered to be suspended. He shall be released on bail subject to his furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court. So far as to secure the payment of Arsh and Daman by the petitioner to the P.Ws., it is directed that the petitioner shall be released only after he has submitted a bank guarantee for an amount of Rs.30,221 (Rupees thirty thousand, two hundred and twenty-one) with the Deputy Registrar (Judicial) of this Court. Disbursement of this amount shall depend on the final decision of the appeal filed by the petitioner/convict. H.B.T./N-85/L Application accepted.