Criminal Miscellaneous No,1 of 2010 'IJAZ AHMAD CHAUDHRY, J.---Through this miscellaneous petition Shafqat Iqbal petitioner- appellant has sought suspension of sentence and release on bail during the pendency of the main appeal before this Court who, on conclusion of the trial in case F.I.R. No, 760 dated 17-12-2004 registered at Police Station Kuthiala Sheikhan, vide judgment dated 20-9-2008 passed by the learned Additional Sessions Judge, Mandi Bahauddin, along with others has been convicted under section 302(b), P.P.C. And sentenced to life imprisonment with compensation of Rs,50,000 to the legal heirs of the deceased or to undergo six months S.I. The benefit of section 382-B, Cr.P.C. Was also extended to the convicts.
2. The learned counsel for the petitioner has contended that the single injury attributed to the petitioner on the right arm of the deceased had been declared as superficial injury; that the petitioner is behind the bars for the last five years, but there is no likelihood for the fixation of the main appeal in the near future; that the petitioner was a juvenile as per age disclosed in the statement under section 342, Cr.P.C. Which was not opposed by the other party and the appellant had been falsely involved in this criminal case by the complainant, who had a history of criminal cases; that Amjad Javed co-convict, who had been attributed specific injury on the neck of the deceased and was involved in this case on the basis of supplementary statement has already been acquitted by the learned trial Court.
3. On the other hand the learned Deputy Prosecutor-General assisted by the learned counsel for the complainant has opposed the petition on the ground that the F.I.R. Was got lodged promptly wherein specific injury had been attributed to the petitioner, which injury is borne out from the medical evidence and earlier application on the same subject moved by the petitioner was dismissed after discussing the merits of the case; that the judgment of conviction has been passed quite recently and there is nothing available in this case to review the order of this Court passed on 29-5-2009. Learned Deputy Prosecutor-General has vehemently stated that all the injuries had collectively caused the death of the deceased and the petitioner had also remained fugitive from the justice for a considerable period.
4. I have heard the learned counsel for the parties and perused the impugned judgment of conviction and sentence with their assistance. No doubt earlier Crl. Miscellaneous No,1 of 2009 filed on behalf of the petitioner was dismissed by this Court vide order dated 29-5-2009, but this alone is not sufficient to straightaway knock out the petitioner as it is settled principle of law that the benefit of doubt, if arises at any stage of the criminal case, has to go to the accused. In the earlier order the role of the petitioner and nature of the injury were not discussed. I have perused the judgment wherein injury No,3 had been attributed to the petitioner, which was a skin deep and superficial injury. The question that whether said injury had contributed in the death of the deceased or he shared the common intention with the IA co-convicts is a question, which requires serious reconsideration and the same will be resolved at the time of hearing of the main appeal, but for the time being there is no likelihood of hearing of the main appeal in the near future. The petitioner is behind the bars for the last about five years and if he is finally acquitted, the period undergone by him will not be compensated in any manner. Resultantly, this petition is accepted, the operation of the sentence passed against the petitioner is suspended and he is released on 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 Deputy Registrar (Judl.) of this Court, who shall continue to appear in person before this Court in the main appeal on each and every date fixed therein till its final disposal.