1. ' This is an application under section 426, Cr.P.C. Moved on behalf of appellants/convict namely Ghulam Hussain Mastoi, (2) Mir Hassan and (3) Ali Hassan having been convicted to suffer R.I. For a term of one year under section 337-A(i), P.P.C. And Daman of Rs,2,000 each accused. The appellants were further awarded R.I. For one year and Daman of Rs,2,000 for the offence under section 337-F(i), P.P.C. The appellants were further awarded sentence to suffer R.I. For 3 years under section 337-L(ii), P.P.C. And were also awarded R.I. For 3 years and Arsh of Rs,2,000 each for the offence under section 337-A(ii), P.P.C. In case of non-payment of Daman, Arsh respectively they were also required to undergo simple imprisonment for nine months more vide judgment, dated 28-11-2000 passed by the learned IInd Additional Sessions Judge, Nawabshah. According to the said judgment the sentences awarded were directed to run concurrently and the accused were also granted benefit of section 382-B, Cr.P.C. The appellants have assailed their conviction in appeal under section 410, Cr.P.C. Which has been admitted for regular hearing. This application has been moved for suspension of the execution of sentences on different grounds mentioned in the application.
2. ' Learned counsel for the appellants has argued that the punishment provided for offences under section 337-L(ii) is two years whereas the learned trial Court apart from committing other illegalities has awarded punishment of three years for the above offence. Learned counsel relying upon the authority reported as 1999 SCM R 2589 submitted that the maximum sentence which has been awarded to the appellants is three years which is a short sentence and the discretion can be exercised in favor of the appellants for suspension of said sentences. He also placed reliance on authorities reported as PLD 1980 SC 295 and PLD 1997 SC 1. In this regard. The learned counsel for the State has raised no objection to the suspension of sentence simply on the ground that it was short sentence.
3. ' Be that as it may, I find that in all there were 7 accused persons out of which one was absconding and 6 persons were tried. Out of those 6 persons three of the accused persons were acquitted by giving them benefit of doubt. I also find force in the contention of learned counsel that the punishment provided under section 337-L(ii) was two years yet the learned trial Judge awarded a punishment of three years to the accused persons which was not warranted by the law. In view of the fact A that the appeal has been admitted to regular hearing and the hearing is likely to take some time, I feel that there are good reasons for suspension of the execution of the sentence appealed against as the appellants/convict persons are confined in jail. I, therefore, direct that the execution of the sentences awarded to the appellants/convicts be suspended and they may be released on bail in the sum of Rs,1,00,000 (one lac) each and P.R. Bond in the like amount to the satisfaction of the Additional Registrar of this Court.