2023 P Cr (PLP)

SAFDAR SALEEM SHAHID, J.

Muhammad Aslam petitioner/appellant through Criminal Misc. No.01/2020 in Criminal Appeal No. 1237-J of 2017 and Shabir Ahmad alias Shabba petitioner/appellant through Criminal Misc. No.01/2020 in Criminal Appeal No.1238-J of 2017 seek suspension of sentence awarded to them by learned Additional Sessions Judge, Lodhran, vide judgment dated 28.04.2017 in case F.I.R No.04/2014 dated 03.01.2014 offences under sections 460, 396, 412, 302, 109, 201, 148, 149, P.P.C. registered at Police Station City, Lodhran, whereby, they were convicted as under:- Under sections 302(b), 34, P.P.C. Shabir and Aslam petitioners/appellants are convicted under sections 302(b), 34 of P.P.C., 1860 and both sentenced to imprisonment for life as Tazir R.I. They shall also pay Rs.1,00,000/- as compensation to the legal heirs of the deceased Naseer. In case of default each shall further undergo six months' SI. Under section 460, P.P.C. Shabir and Aslam petitioners/appellants are also convicted under section 460, P.P.C. and each sentenced to undergo ten years' R.I. Under section 392, P.P.C. Shabir and Aslam petitioners/appellants are also convicated under section 392 of P.P.C. and each sentenced to undergo 10 years R.I and they shall liable to pay fine of Rs.50,000/- each. In case of non-payment of the fine each shall further undergo 03 months' S.I. All the sentences awarded to the petitioners shall run concurrently. The benefit of section 382-B, Cr.P.C. is also extended in favour of the petitioners/appellants.

2. As both the aforementioned petitions are out-come of the same judgment, hence, are being decided through this single order.

3. Learned counsel for the petitioners/appellants submits that petitioners/appellants were convicted and sentenced by the learned trial court on 28.04.2017; that appeals on behalf of the petitioners/appellants against their conviction and sentence s were filed on 03.05.2017 before this Court and a period of more than four years and two months has lapsed but same have not been fixed for hearing till yet; that delay in conclusion of appeals has not been occasioned by any act or omission of the petitioners/appellants or any other person acting on his behalf; that petitioners/appellants are previously non-convicted offender; that petitioners are neither hardened, desperate nor dangerous criminal. Thus, it is submitted that by accepting these petitions sentences of the petitioners/appellants are liable to be suspended and they be released on bail on statutory ground.

4. Learned D.P.P.P and learned counsel for the complainant have opposed this petition and prayed for its dismissal.

5. I have heard the arguments advanced by the learned counsel for parties and perused the record with care.

6. It has been noticed that Muhammad Aslam and Shabir Ahmad alias Shabba petitioners/appellants were convicted under sections 302(b), 34, P.P.C. and sentenced to Imprisonment for Life R.I by learned Addl. Sessions Judge, Lodhran vide judgment dated 28.04.2017. Although, they were also sentenced to undergo 10 years' R.I under section 460, PPC and sentenced to undergo 10-years' R.I along with fine of Rs.50,000/- but all these sentences were ordered to be run concurrently. Perusal of record further reveals that appeals of petitioners/appellants were filed on 03.05.2017 but the same has not been fixed for hearing till yet. . Keeping in view Sub Clause-C of subsection (1-A) of section 426, Cr.P.C. petitioners are entitled for suspension of their sentence on the statutory ground as it is mandatory provision of law. The appeals on behalf of the petitioners have been filed in the year 2017 but the same has not been decided till yet.

7. Resultantly, both the petitions (Criminal Misc. 01/2020 in Criminal Appeal No.1237-J of 2017 and Criminal Misc. No.01/2020 in Criminal Appeal No.1238-J of 2017) are accepted and sentences of Muhammad Aslam and Shabir Ahmad alias Shabba petitioners/appellants are suspended and they are ordered to be released oki bail subject to his furnishing bail bonds in the sum of Rs.5,00,000/- each with one surety each in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Bench. The petitioners/appellants are directed to appear before this Court on each and every date of hearing till the final disposal of their appeal. SA/M-176/L Sentences suspended.