Crl. Misc. No, 1 of 2012 After conclusion of trial by the learned trial Court in case FIR No, 445 of 2006 registered under Section 302 of the Pakistan Penal Code, 1860, at Police Station Farid Town, Sahiwal, the petitioner was convicted vide judgment dated 10.11.2009 and was awarded sentence of life imprisonment besides payment of compensation to the tune of Rs, 50,000/- under Section 544-A of the Code of Criminal Procedure, 1898.
2. Seeks suspension of sentence on statutory ground maintaining that judgment assailed was recorded on 10.11.2009 and the appeal was preferred at the instance of present petitioner in the year 2009 but despite expiry of statutory period, appeal has not been disposed of.
3. Heard.
Learned counsel for the petitioner contended that the petitioner was arrested on 17.9.2006 and there is no likelihood of fixation of appeal in near future. Contended that after expiry of statutory period vested right has earned by the petitioner and as such petitioner is entitled to concession of bail.
On the other hand, learned DPG assisted by learned counsel for the complainant though did not question the contention of learned counsel for the petitioner regarding expiry of statutory period but maintain that single blow but on vital part was given to the deceased at the instance of petitioner as is evident from the judgment and as such no premium can be granted to the petitioner being hardened and desperate criminal.
4. Yard stick contained in the provision of Section 426(1)(a) of the Code of Criminal Procedure, 1898 is different. Admittedly, the judgment assailed by the petitioner was handed down on 10.11.2009 and appeal was preferred in the same year but same has not been decided after expiry of more than years. Delay it disposal of appeal can neither be attributed to the petitioner nor his counsel.
5. Argument advanced by learned counsel for the complainant regarding infliction of blow on the vital part of deceased by itself would not be sufficient to cover the case of petitioner within the exception of Section 426(1)(a) of the Code of Criminal Procedure, 1898.
6. Pursuant to above, application for suspension of sentence is accepted and the petitioner is admitted to bail subject to furnishing of bail bond in the sum of rupees one hundred thousand (Rs, 100,000/-) with two sureties in the like amount to the satisfaction of Deputy Registrar (Judi.) of this Bench.
7. The petitioner shall remain present on each and every date of hearing fixed till the disposal of appeal.