' AALIA NEELUM, J. --- Through the instant petition filed in terms of Section 426, Cr.P.C., Muhammad Usman, petitioner seeks suspension of his sentence and admitting him to bail, pending disposal of his criminal revision.
2. Having been booked in case F.I.R. No, 7/2004 offence under Sections 324/337-F(iv)/34, P.P.C.
Registered at Police Station City Farooqabad, the petitioner was tried by the learned Judicial Magistrate Section 30, Sheikhupura, whereby he was convicted under Section 324, P.P.C. And sentenced to RI for two years with fine of Rs, 5000/- and in case of default thereof, he was to undergo further SI for one month. He was also convicted under Section 337-F(iv), P.P.C. And sentenced to RI for one year with Daman of Rs, 20,000/-, payment to injured Muhammad Asghar.
Both the sentences were ordered to run concurrently. The petitioner was also given benefit under Section 382-B, Cr.P.C. The petitioner has filed an appeal against the order dated 22.12.2012 passed by the learned Judicial Magistrate Section 30 but the learned Additional Sessions Judge has also dismissed the appeal vide order dated 24.01.2013.
3. Against the aforesaid conviction and sentence, the petitioner filed Criminal Revision before this Court, which was admitted to regular hearing. Through the instant Crl. Misc. The petitioner seeks suspension of sentence.
4. The learned counsel for the petitioner has contended that the petitioner has already spent a substantive period of sentence in the Jail and if admissible remissions are added, the remaining un-served sentence is very short so he is entitled to the concession of bail through suspension of sentence. It is further stated that if the sentence of the petitioner is not suspended, there is likelihood that the petitioner would serve entire sentence during the pendency of the criminal revision.
5. The learned Law Officer has vehemently opposed the petition.
6. I have heard the learned counsel for the parties and have gone through the record.
7. The sentence awarded to the petitioner is very short. There is no likelihood of fixation of criminal revision in near future. Moreover, the criminal revision is already admitted to regular hearing and before the criminal revision is set down for final hearing, it is quite possible that the petitioner may serve out his entire sentence, thus he would lost his valuable rights.
8. For what has been discussed above, the instant Crl. Misc. Is accepted and the remaining sentence of imprisonment awarded to the petitioner is suspended. He be released on bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- with two sureties each in the like amount to the satisfaction of the Deputy Registrar (Judi.) of this Court. The petitioner shall, however, remain present in the Court on each and every date of hearing till final decision of the Criminal Revision.