1. ' SADIQ HUSSAIN BHATTI, J.---Through instant application, appellants 'seek suspension of sentence awarded to them vide impugned judgment dated 1-2-2012, passed by learned IInd Additional Sessions Judge, Badin in Sessions Case No,116 of 2010, whereby the appellants were convicted under sections 376 and 34, P.P.C. And sentenced to suffer rigorous imprisonment for 20 years and also to pay fine of Rs,10,000 each and in case of default thereof they were ordered to undergo further one year's imprisonment.
2. ' Learned counsel for the appellants contended that parties have compounded the offence; complainant and the victim have filed their affidavits wherein they have stated that they have forgiven the appellants in the name of ALLAH. It is further contended by learned counsel for the appellants that though the offence is not compoundable, but in spite of that, the Superior Courts have taken a lenient view in such type of cases wherein the parties have effected compromise. The reliance is placed on 1995 PCr.LJ 1606, 2002 SCM R 184, 1998 SCM R 466 and 2004 PCr.LJ 923. It is further contended by learned counsel for the appellants that appellants are in custody since 1-2- 2012.
3. Complainant Hussain and victim Saneeha are present along with their counsel Syed Madad Ali Shah. They have verified the contents of their affidavits and have raised no objection if the sentence awarded to the appellants is suspended and they are released on bail.
4. ' Syed Meeral Shah learned Deputy Prosecutor-General for the State contended that since the parties have compromised, therefore, he has no objection if the sentence of the appellants is suspended and they are released on bail.
5. ' I have considered the arguments advanced from both sides.
6. The deeper appreciation of the evidence cannot be undertaken at this stage. The complainant and the victim have extended no objection in the shape of affidavits to the suspension of sentence awarded to the appellants and their release on bail. Accordingly, while taking in view the peculiar circumstances and facts of the case, the sentence awarded to the appellants is hereby suspended during pendency of the appeal and they are directed to be released on bail subject to furnishing solvent surety in the sum of Rs, 100,000 (One Lac) each and P.R. Bond in the like amount to the satisfaction of Additional Registrar of this Court.