1. ' FAISAL ARAB, J.---This is an application under section 426, Cr.P.C. Seeking suspension of the sentence.
2. ' In the year 1986 F.I.R. No, 76 of 1986 was registered against the appellants accused with regard to the murder of Bunde Ali who was brother of complainant. One of the accused namely Hashim son of Allah Rakhio Sheedi is said to have absconded. All the accused w:re involved in murder of Bunde Ali on 16-7-1986 by causing knife and hockey blows.
3. ' This is second round of litigation. In the first round, the appellants were convicted by the trial Court vide judgment dated 11-11-1998. However, in Appeal bearing No, 140 of 1998 the High Court was pleased to remand the case for retrial vide judgment dated 14-4-2000. After the remand fresh evidence was led and the trial Court vide its judgment dated 27-4-2009 convicted the appellants to undergo life imprisonment. In the impugned judgment it is stated that at the time of pronouncing the judgment accused Zahid Qureshi who was present in the Court, fled away and accused Hashim after recording his statement under section 342, Cr.P.C. Also absconded. The only two accused namely Insaf Sheedy and Nazeer Ahmed were present at the time of pronouncement of judgment. This appeal has not been filed by absconding accused Hashim as he was declared absconder. Accused Zahid son of Abdul Rahim Qureshi has though filed appeal but since he absconded at the time of pronouncement of judgment his prayer for suspension shall not be considered.
4. ' Learned counsel for the appellants contended that the appellants have suffered great hardship during the entire process of lengthy trial uptil now, which is spread over more than 23 Years. He further submitted that the date of the incident is 16-7-1986 which culminated into conviction of the appellants by the trial Court on 1-11-1998. Thereafter in appeal before the High Court, the case was remanded for retrial on 14-4-2000. In the second round also the appellants had to face a long trial of nine years as the judgment was passed by the trial Court on 27-4-2009. Thus, it was contended that during last more than 23 years the appellants have suffered great hardship and they also remained in jail for more than four years during the trial and that numerous appeals are pending adjudication in this Court. Therefore, this appeal is likely to take time in reaching its conclusion. He, therefore, submitted .That in view of hardship that the appellants have also remained in jail for more than four years during the trial and that numerous appeals are pending adjudication in this Court and this appeal is likely to take time in reaching its conclusion, therefore, the appellants are entitled to the suspension of their sentence during pendency of this appeal. He also submitted that one of the appellants Insaf son of Ali Muhammad Sheedi is a government servant serving as a Teacher in Grade-16 who has also suffered the ordeal of trial for 23 years long.
5. One of appellants Zahid son of Abdul Rahim Qureshi had absconded at the time of pronouncement of judgment, hence his application for suspension of his sentence is not being considered. Appellant Insaf is alleged to have caused hockey blows to the deceased, while appellant Nazir is alleged to have caused knife blows to the deceased. Appellant Insaf is a government servant. He should be given the opportunity to serve his department till decision of the appeal.
6. ' In the circumstances, the sentence of accused/appellant Insaf son of Ali Muhammad Sheedi is suspended till decision of this appeal subject to his furnishing surety in the sum of Rs, 2,00,000 with P.R. Bond in the like amount to the satisfaction of this Court. The application in respect of accused Nazeer Ahmed and Zahid is dismissed as Nazeer Ahmed is said to have stabbed the deceased whereas Zahid absconded at the time of announcement of judgment.