Criminal Miscellaneous No. 1 of 2006 ' ASIF SAEED KHAN KHOSA, J.---Through this miscellaneous petition Fiyyaz petitioner-appellant has sought suspension of his sentences and release on bail during the pendency of his appeal before this Court.
2. After hearing the learned counsel for the parties and going through the judgment passed by the learned trial Court it has been noticed by me that the F.I.R. In this case had been lodged with a delay of twenty-five days and even in that belated F.I.R. Only a suspicion had been expressed by the complainant regarding the petitioner's involvement in the alleged murder. It is not disputed that the alleged murder had remained unwitnessed. Apparently the prosecution had relied upon the last-seen evidence and the evidence regarding selling of some goats by the petitioner which goats statedly belonged to the deceased. The worth and sufficiency of such pieces of circumstantial evidence shall require a serious re-consideration by this Court at the time of hearing of the petitioner's main appeal. The petitioner was a 'child' within the purview of the Juvenile Justice System Ordinance, 2000 and he was tried by a Juvenile Court. According to the learned counsel for the petitioner the petitioner is behind the bars in connection with this case since the year, 2002. There is no prospect of an early hearing of the main appeal. This miscellaneous petition is, therefore, allowed, the sentences passed by the learned trial Court against the petitioner are suspended and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.1,00,000 (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.