CRIMINAL MISCELLANEOUS NO.1 OF 2004.
' Through this miscellaneous petition Shahid Liaqat, Shafqat, Sadaqat and Yameen petitioners- appellants have sought suspension of their sentences and release on bail during the pendency of their appeal before this Court.
2. After hearing the learned counsel for the parties and going through the judgment passed by the learned trial Court we have observed that the learned trial Court had itself concluded that the petitioners did not share common object with their co-convict regarding the murder in issue. The petitioners were attributed simple injuries to some witnesses and they had been convicted by the learned trial Court for an offence under section 337-A(i), P.P.C. Which offence is bailable. The provisions of section 426 (2-A) and section 496, Cr.P.C. As well as the judgment in the cases of Hata and others v. The State (PLD 1967 Lahore 1302), Shah Hussain v. State (1995 PCr.LJ 209), Mian Mahmud Ali Qasuri and others v. The State (PLD 1963 SC 478), Shamshad Ali v. The State (1988 PCr.LJ 2078) and Ghulam Sarwar v. The State (2003 PCr.LJ 1714) show that in cases of conviction for bailable offence suspension of sentence is to be granted as of right. Even otherwise the sentences of imprisonment passed against the petitioners by the learned trial Court are quite short and there is no prospect of an early hearing of the main appeal. This miscellaneous petition is, therefore, allowed, the sentences of the petitioners passed by the learned trial Court are suspended and the petitioners are admitted to bail subject to furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand only) each with one surety each in the like amount to the satisfaction of the learned trial Court.