' Petitioner alongwith others faced trial in a case registered vide FIR No, 21/2010 dated 20.01.2010 under Sections 324/302/353/ 186/233/224/225/395/148/149, PPC read with an offence under Section 7 of the Anti-Terrorism Act. 1997 registered at Police Station City. Chichawatni District Sahiwal, ultimately his criminis perticeps were acquitted by the learned trial Court whereas he was convicted and sentenced as follows:- "Imprisonment of six years R.I. u/S. 324, PPC read with. Section 149, PPC with fine of Rs, 50,000/-, in case of nonpayment of fine, he shall have to suffer S.I. For one year.
' Three months R.I. Under Section 186, PPC read with Section 149, PPC.
' Imprisonment of three years R.I u/S. 148 read with Section 149, PPC and a fine of Rs, 50,000/-. In case of non-payment of fine, he shall have to suffer S.I. For one year.
' Imprisonment of two years R.I. u/S. 353 read with Section 149, PPC.
' Ten years imprisonment u/S. 7(b) of ATA 1997 read with Section 149, PPC and fine of Rs, 50,000/- and in case of non- payment of fine he shall have to suffer S.I. For one year.
' All the above said sentences were ordered to run concurrently and the benefit of Section 382-B, Cr.P.C. Was also given to the petitioner.
2. Learned counsel for the petitioner has argued that the petitioner has been acquitted of the charge of commission of murder and so-far as his conviction and sentence u/S. 324, PPC is concerned, the injured PW namely Naseem Haider though appeared before the learned trial Court as PW-2 but has not brought on record his injury through his medicolegal report by the Medical Officer and if in the main offence conviction is not sustainable then how for in the ancillary offences the same can be maintained. He has further added that all co-accused of the petitioner have been acquitted, the final decision of the appeal of the petitioner in the near future seems to be bleak owing to work load, thus has prayed for the acceptance of instant application.
3. Submissions have been chicanery opposed by learned Deputy Prosecutor General by arguing that the petitioner and his co-accused committed gruesome offence and in the alleged occurrence five persons lost their lives.
4. Heard. Impugned judgment has been gone through.
5. The petitioner has been acquitted by learned trial Court of the charge leveled against him under Section 302, PPC. So-far-as the conviction and sentence of the petitioner under Section 324, PPC is concerned, the injured, whose name has been mentioned above, has not proved his injuries through medical evidence. So-far-as the convictions and sentences of the petitioner as to the remaining provisions of law are concerned; there had to be read in continuity o the main offence.
In these circumstances, prima-facie a case for the suspension of the sentence of the petitioner is made out especial when in the near future there is no prospect of the decision of the appeal of the petitioner. Thus instant petition is allowed. Consequently quantum of sentence imposed 'upon the petitioner in different offences by learned trial Court is suspended provided his submission of bail bonds in the sum of Rs, 500,000/- (Rs, Five lac only) with one surety in the like amount to the satisfaction of Deputy Registrar (Judicial).
6. Before parting with the order by singularity the petitioner is directed to appear before this Court incessantly till the final decision of appeal.
(A.S.) .