The petitioner seeks suspension of sentence awarded to him by the learned Judge, Anti-Terrorism Court-II, Multan, vide judgment dated 06.07.2011 in case FIR No. 1050/10 dated 21.09.2010 P.S. Gulgasht, District Multan, whereby he was convicted under Section 365A PPC and was sentenced to imprisonment for life. He was-also convicted under Section 7(e) of the Anti-Terrorism Act, 1997 and was sentenced to imprisonment for life & his property was also ordered to be forfeited.
2. Learned counsel for the petitioner has contended that the complainant has forgiven the convict/petitioner in the name of Allah Almighty. It is urged that the compounding of the offence and mutual compromise bring peace and harmony in the society so the petitioner is entitled to bail through suspension of sentence. In support of the contentions raised, reliance is placed on Ghulam Ali v. The State and another (1997 SCM R 1411), Ghulam Shabhir and 2 others v. The State (2003 SCM R 663) and Aziz Khan and another v. The State and another (2004 P.Cr.L J. 490).
3. Learned AAG has stated that in view of the judgment passed by the August Supreme Court of Pakistan reported as 2003 SCM R 663, this Court may accord permission to compound the offence and suspend the sentence keeping in view the facts of the case.
4. The petitioner was held guilty for abduction of a minor aged 2 years for ransom. The initial presumption of innocence in favour of the petitioner/accused has evaporated due to verdict of the Court. He is involved in an offence of heinous nature against the society. The cases of abduction for ransom have increased alarmingly in the recent past. The persons involved in nefarious activities have put the parents of poor victims to the agony of sleepless nights. The permission to compound the offence punishable under Section 302 PPC is a different matter because, on commission of Qatal-i-Amd, an adult sane Wali may waive his right of qisas under Section 309 PPC and same is also compoundable under Section 310 PPC read with Section 345 (2) Cr.P.C. with the permission of the Court. The judgments passed by the August Supreme Court of Pakistan, which is relied upon by learned counsel for the petitioner are not applicable on the facts of the present petition. The case law reported as 2004 P.Cr.LJ. 490 (Peshawar) is also on distinguished facts. The society has been put to shock and fear due to the activities of the outlaws involved in cases of abduction for ransom and it is high time to check the same otherwise our social structure and norms of the civil society may collapse. The awesome act of the petitioner cannot be lost sight of in the name of the compromise.
5. For the reasons supra, the writ petition is without merits and the same is hereby dismissed.