' Through this petition suspension of sentence and release on bail has been sought by the petitioner in case FIR.No, 885 of 2001, dated 25.12.2001, registered under Sections 302/34 P.P.C. At Police Station Saddar Faisalabad.
2. The petitioner alongwith three others was tried by learned Additional Sessions Judge, Faisalabad, who vide judgment dated 23.01.2006 convicted the petitioner under Section 302(b) P.P.C. And sentenced him to life imprisonment. The petitioner was also to pay Rs,100,000/- as compensation under Section 544-A, Cr.P.C. To the legal-heirs of the deceased and in default of payment of compensation he was to further undergo six months S.I. The conviction of the petitioner was up- held by this Court vide judgment dated 23.06.2009 and now the petition for Special Leave 6 Appeal was granted by the Honourable Supreme Court to the petitioner vide order ' dated 20.05.2011.
3. Learned counsel for the petitioner states that in these circumstances the petitioner has earned right to be released on bail after suspension of his sentence. It is stated that even otherwise, the fatal injury was not attributed 'to the petitioner. It is further stated that only single blow on the head of the deceased was attributed to the petitioner. The petitioner was statedly arrested on 18.08.2004 and since then he is behind the bars and now his leave has been granted, so, there is every possibility that the sentence of the petitioner will be set aside by the Honourable Supreme Court.
4. On the other hand, learned Deputy Prosecutor General states that the petitioner remained proclaimed offender for three years and as specific role was assigned to him and such injury was found by the doctor who conducted post-mortem; so involvement of the petitioner is evident and as such he is not entitled to be released on bail.
5. We have heard learned counsel for the parties and have gone through the record. Admittedly, the petitioner was arrested on 18.08.2004 in the above-mentioned case. He was assigned the role of causing single injury on the head of the deceased with Chhuri. The doctor who conducted post- mortem declared another injury to be fatal. There is no role of repeating the injury. Now Special Leave to Appeal has been granted by the Honourable Supreme Court to reconsider the whole matter and re-appraisal of the whole evidence. So, keeping in view that the petitioner is behind the bars for the last almost nine years, we think he cannot be kept in jail for an indefinite period especially when the matter has now been re-opened by the Honourable Supreme Court.
6. Considering this aspect of the case, this petition is accepted, the sentence of the petitioner in the above-mentioned case is suspended and he is directed to be released on bail subject to furnishing bail bonds in the sum of Rs,300,000/- (Rupees three hundred thousand) with two sureties each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court.
7. The petitioner shall appear before the Honourable Supreme Court on each and every date of hearing.
(A.S)