' SHAHNAWAZ TARIQ, J.--- Through the captioned application under Section 426, Cr.P.C, appellants namely Dodo, Muhammad Ibrahim, Salleh, Ghulam Hussain, Khuda Bux, Ali Gul, Samano and Mitho have prayed for suspension of their sentence and release on bail till disposal of instant appeal.
2. Relevant facts pertaining to the prosecution case are that complainant SIP Dodo Khan lodged FIR at Police Station Sarhari, that on the day of alleged incident, there was strike call by political parties to maintain law and order in the area, whereupon general public blocked Shandadpur-Gupchani road at Chan Babo bridge, and resisted against police and police official sustained lathi injuries and some assailants snatched their official weapons.
3. Appellants were Challaned and after conclusion of trial, the trial court convicted and sentenced them for offence under section 353, P.P.C. R.I. For one year, for offence under Section 395, P.P.C. R.I.
For four years and to pay fine of Rs,2000 each and in case of default they shall further suffer S.I. For one month, for offence under Section 427, P.P.C. R.I. For six months, for offence under Section 341, P.P.C. S.I. For 15 days, for offence under Section 147, P.P.C. R.I. For six months, for offence under Section 148, P.P.C, R.I. For six months, for offence under Section 337-A(i), P.P.C. All accused are directed to pay Daman of Rs,2000 each total Rs,16000 equally payable to the injured PC Noor Muhammad and PC Bashir Ahmed Rs,8000 each for offence under Section 337-F(i), P.P.C. All accused are directed to pay Daman of Rs,2000 each total Rs,16000 equally payable to injured PC Noor Muhammad and PC Bashir Ahmed Rs,8000 each, in default thereof to remain in jail and be dealt with in same manner as if sentenced to simple imprisonment until Daman is paid in full for offences punishable under Section 337-A(i) and 337-F(i), P.P.C. All sentences were to run concurrently.
4. Learned counsel for appellants contended that the appellants are innocent and have been falsely implicated in the instant case due to ulterior motives of complainant. He further contended that allegedly appellants had participated in strike call against the Government by various political parties for maintaining law and order situation in the area as such there was no any criminal intention. He further contended that the prosecution has failed to produce sufficient iota of evidence in support of its case and there are glaring improvements and series of contradictions which were not appreciated by learned trial Court while passing the impugned conviction judgment. He further contended that allegedly there was a mob on the place of incident, therefore, identification of 8 appellants at the spot is highly doubtful. He further submitted that appellants never remained involved in any crime nor were convicted. He also contended that appellants were sentenced to suffer R.I. For 4 years which falls within the ambit of short sentence. Learned counsel lastly contended that the appellants are ready to furnish solvent surety and deposit Daman, if their sentences are suspended.
5. Learned APG opposed the plea of bail agitated by learned counsel for appellants and contended that appellants had participated in procession against Government and restricted the police while performing official duties to maintain law and order situation.
6. Perusal of material available on record and consideration of the arguments advanced by the learned counsel for the parties emanate that appellants were convicted and sentenced for different offences and maximum quantum of sentence awarded was R.I. For 4 years as well as Daman. Appellants were never remained involved in any criminal case nor are previously convicted. Indeed, on the day of incident, there was a strike call by the political parties against the Government to maintain law and order situation in the area and in response to said call general public blocked the Shandadp-ur-Gupchani road at Chan Babo bridge, when police mobile intercepted, the mob shown resistance and police persons sustained lathi injuries. Furthermore, appellants remained on bail during the course of trial but neither they misused the concession of bail nor made any attempt to frustrate the prosecution evidence. Admittedly, 4 years sentence falls within the ambit of short sentence. Moreover, due to the heavy backlog of cases pending on the board of this Court, it would not be possible to hear and decide the main appeal in near future.
7. Considering the above circumstances and quantum of sentence awarded to the appellants, in the prime interest of justice, the sentences of the appellants are suspended till final disposal of the instant appeal and they are enlarged on bail subject to their furnishing solvent surety in the sum of Rs,50,000 each to the satisfaction of Additional Registrar of this Court. The appellants are further directed to deposit the amount of Daman per impugned judgment with the Accountant of this Court.
8. Office is directed to issue release writ after furnishing of solvent surety as well as payment of Daman by the appellants. Office is further directed to prepare the paper book and then fix the main appeal for hearing as per roster.