Criminal Miscellaneous No, 1 of 2012.
Through this petition the petitioner has sought suspension of his sentence awarded to him by Additional Sessions Judge Jatoi, District Muzaffargarh, vide judgment dated 06.03.2010 through which the petitioner was awarded rigorous imprisonment for life under Section 302-B, PPC with compensation of Rs, 1,00,000/- (Rupees one lac) to be paid to the legal heirs of the, deceased and in default thereof to further undergo six months SI in case FIR No, 162/2007 dated 20.04.2007 under Section 302, PPC Police Station Jatoi, District Muzaffargarh.
2. Learned counsel for the petitioner submits that the petitioner was arrested in this case on 09.05.2007 and thereafter he was convicted as mentioned above through judgment dated 06.03.2010; the petitioner has preferred appeal against his conviction on 08,04.2010 and now more than two years have elapsed, his appeal has not been decided so his sentence be suspended on the ground of statutory delay in the disposal of his appeal.
3. On the other hand learned Deputy Prosecutor General assisted by learned counsel for the complainant has vehemently opposed this petition on the grounds that the petitioner was sentenced to rigorous imprisonment for life by the learned trial Court after regular trial and he has already been dealt with leniently by the learned trial Court so he does not deserve the concession of bail by suspending his sentence.
4. I have heard the learned counsel for the petitioner, the learned Deputy Prosecutor general and the learned counsel for the complainant and also gone through the record. It has been noticed by this Court that the petitioner was arrested in this case on 09.05.2007 and later on he was convicted to life imprisonment vide judgment dated 06.03.2010; the petitioner has also preferred appeal against his conviction on 08.04.2010 and now more than two years have elapsed, his appeal has not been decided as yet; there is nothing on record which could establish that the petitioner is a hardened, dangerous and desperate criminal.
5. For what has been discussed above, this petition is accepted and the sentence of the petitioner is suspended subject to his furnishing bail bond in the sum of Rs, 200000/- (Rupees two lac only) with two sureties each in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court. He shall keep on appearing in this Court on each and every date of hearing.