Crl. Misc. No, 1/B of 2009 'HAFIZ ABDUL REHMAN ANSARI, J.---Through this application under section 426, Cr.P.C., Mst. Shahnaz Begum daughter of Ahmed Din, applicant/ convict seeks suspension of sentence awarded to her by the learned Additional Sessions Judge, Mian Channu, District Khanewal, vide judgment dated 21- 11-2001.
2. The applicant was tried by the learned Additional Sessions Judge for an offence under section 302, P.P.C, in case F.I.R. No,10 dated 16-1-2001, registered with Police Station Sadar, Mian Channu, for the commission of murder of her husband Abdul Razzaq. At the conclusion of the trial vide judgment dated 21-11-2001 she was convicted under section 302(b), P.P.C. And sentenced to imprisonment for life with a direction to pay a sum of Rs,25000 as compensation to the legal heirs of the deceased. In case of non-payment of compensation she was to undergo further S.-I. For six months. Benefit of section 382-B, Cr.P.C. Was extended to her.
3. Learned counsel for the applicant submits that more than half of the sentence, the applicant has served out; that she is a woman of near about 60/62 years of age; there is no independent witness produced by the prosecution and the trial Court in para.18 of the judgment has disbelieved the statement of P.W. 2 Mst. Shahnaz Bibi daughter of Abdul Aziz being second wife of and P.W.3 Muhammad Zafar being younger brother of the complainant-deceased Abdul Razzaq. Places reliance on the case reported as Makhdoom Javed Hashmi v. The State 2007 SCM R 1844, wherein it is observed that the convict having undergone half of his sentence could seek suspension of sentence. Further relies on the case reported as Anwar-ul-Haq v. National Accountability Bureau PLD 2009 SC 388, wherein also the convict had undergone major portion of his sentence and his appeal was pending for a long period without his fault, so his sentence was suspended.
4. Learned Law Officer opposes the suspension of sentence of the petitioner and grant of bail.
5. I have heard the parties. In the instant case, also the applicant has undergone major portion of her cep . Ace, and there is no likelihood of fixation of the appeal in the near future. Further, she is an old lady of about 60/62 years of age. Therefore, relying upon the ratio laid down in the cited cases of Makhdoom Javed Hashmi 2007 SCM R 1844 and of Anwar-ulHaq PLD 2009 SC 388, during the pendency of her main appeal she is admitted to bail by suspending her sentence subject to her furnishing bail bonds in the sum of Rs,2,00,000 (Rupees two lacs) with one surety in the like amount to the satisfaction of the trial Court.