' MUHAMMAD YAWAR ALI, J.---The petitioner Sharafat alias Boda was tried by the learned Additional Sessions Judge Hafizabad in case F.I.R. No,403/2009 dated 27-9-2009 for an offence under section 376(1), P.P.C. Registered at Police Station Kassoke District Hafizabad who vide judgment dated 31-7- 2010 convicted and sentenced the petitioner as follows:-- Under section 376(1), P.P.C.
17 years Rigorous Imprisonment with fine of Rs,1,00,000. In case of non-payment of fine to further undergo 6 months' Simple imprisonment.
2. Benefit of section 382-B, Cr.P.C. Was also extended in favour of the petitioner.
3. The learned counsel for the petitioner seeks suspension of sentence of the petitioner on statutory grounds and submits that the petitioner was arrested on 29-9-2009 and convicted by the trial Court on 31-7-2010. The petitioner who filed his appeal on 2-10-2010 before this court is behind the bars till today. The delay in disposal of the appeal has not been occasioned by the petitioner.
4. No one is present on behalf of the complainant in spite of being informed about the fixation of case by Najam
5. The learned Additional Prosecutor-General while opposing the petition submits that the petitioner has been convicted by the trial Court on the basis of a well-reasoned judgment. The petitioner committed a heinous offence, hence is not entitled to the concession of bail by way of suspension of sentence. Miscarriage of justice would be caused in case the petitioner is allowed bail as he is a hardened, desperate and dangerous criminal.
6. In normal course of events the petitioner would be entitled to bail on the ground that more than two years have gone by and there is no likelihood of hearing of the appeal filed by the petitioner in the near future. There is nothing on the record to show that the petitioner is a previous convict or is a hardened, desperate or dangerous criminal or is an accused of an act of terrorism punishable with death or A imprisonment for life. The criminal appeal was filed on 2-10-2010, more than two years have gone by but the same has not been disposed of till today. The delay in hearing of the appeal has not been caused by the petitioner and by virtue of an amendment incorporated in section 426, Cr.P.C. The petitioner has become entitled for suspension of sentence. The petitioner was juvenile when he was tried and convicted by the trial Court.
7. For what has been stated above, this petition is allowed, sentence of imprisonment of the petitioner is suspended and he is admitted to bail subject to his furnishing bail bonds in the sum of Rs,2,00,000 (rupees two hundred thousand) with one surety in the like amount to the satisfaction of the Deputy Registrar (J) of this Court. The petitioner, shall appear before this court in person on each and every date of hdaring till the final disposal of the main appeal.