Criminal Miscellaneous No, 1 of 2012 Through this petition the petitioner, namely, Pervaiz Masih seeks suspension of his sentence passed by learned District and Sessions Judge, Sahiwal, vide judgment dated 21.09.2010 in case FIR No, 482/2009 dated 29.10.2009 under Section 302, PPC registered at Police Station Harrapa, District Sahiwal.
2. Learned counsel for the petitioner submits that the petitioner was arrested in this case on 15.11.2009 and later on he was challaned to learned trial Court; the learned trial Court vide judgment dated 21.09.2010 convicted the petitioner under Section 302 (b), PPC and sentenced him for life imprisonment with compensation of Rs, 100000/-to the legal heirs of the deceased Mst. Shamim Bibi under Section 544-A, Cr.P.C. and in default of payment he shall further undergo six months SI; the petitioner is previously non-convict and there is no material on the file of this case to declare the petitioner as hardened, dangerous and desperate criminal; the petitioner has filed his appeal on 22.10.2010 and now more than two years have lapsed but the appeal of the petitioner has not been decided; the petitioner has got statutory right for the suspension of his sentence.
3. On the other hand, learned Deputy Prosecutor General, after going though the record, has vehemently opposed this petition on the ground that the petitioner was convicted after regular trial by the learned trial Court; there is no illegality or infirmity in the judgment of the learned trial Court; all the PWs are consistent on each and every material point and it is a case of single accused and the petitioner does not deserve the concession of bail in the shape of .suspension of his sentence.
4. I have heard the learned counsel for the petitioner and learned Deputy Prosecutor General and also gone through the record. Without touching the merits of the case, it has been noticed by this Court that the petitioner was convicted by the learned trial Court vide judgment dated 21.09.2010 and later on he filed his appeal against conviction on 22.10.2010 and now more than 02 years have lapsed but the appeal of the petitioner has not been decided; there is nothing on record to consider the petitioner as hardened, dangerous and desperate criminal and he is not a previous convict.
5. In view of the matter, this petition is accepted, sentence of the petitioner is suspended and he is released on bail subject to his furnishing bail bond in the sum of Rs, 100000/- (Rupees one lac only) with two sureties in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court.
He is directed to appear in this Court on each and every date of hearing of his Appeal.