C.M. No, 1 OF 2015 ' The applicant/petitioner Munir Ahmad seeks suspension of his sentence awarded to him by the learned Judicial Magistrate Section-30 Mian Channu, District Khanewal, vide judgment dated 30.04.2015, in case F.I.R. No, 427/2011, dated 04.10.2011, under Sections 324/337- A(vi), 337-A(i), 34, PPC, Police Station Saddar Mian Channu, whereby he was convicted u/S. 337-A(vi), PPC and sentenced to 03-years R.I and to pay Arsh 1/2 of the diyat amount @ Rs, 9,61,921.50/- to the victim/injured. He was also convicted u/S. 337-A(i), PPC and sentenced to 02-years R.I. (on two counts for Injuries No, 2 and 4) with payment of daman @ Rs, 10.000/- to the victim/injured. The sentences were ordered to run concurrently. He was extended the benefit of Section 382-B, Cr.P.C.
Appeal filed by the appellant against his convictions/ sentence was dismissed by the learned Additional Sessions Judge Mian Channu, District Khanewal vide judgment dated 12.11.2015.
2. Learned counsel for the petitioner submits that the sentence awarded to the petitioner is short and he has served more than 09-months of his substantial sentence. He further submits that there is no likelihood of fixation of main revision in near future.
3. Heard. Record perused.
4. The petitioner has been convicted and sentenced by the learned trial Court vide judgment dated 30.04.2015 and since then he is behind the bars, therefore, he has served more than nine months of his substantial sentence. The sentence awarded to the petitioner is short one. Reliance in this regard has been placed on the case law cited as "Abdul Aziz versus The State etc. (2012 P.Cr.R.129).
There is no likelihood of the fixation of the main Criminal Revision in near future. In these circumstances, petitioner has made out a case for suspension of sentence. Consequently, this petition is allowed. He be released on bail subject to furnishing bond in the sum of Rs, 100,000/- (rupees one lac) with one surety in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court. The petitioner shall appear before this Court on each and every date of hearing till the final disposal of the main revision.