Crl. Misc. No, 1 of 2016 ' Khadim Hussain and Manzoor Hussain, petitioners seek suspension of sentence awarded to them by the learned Addl. Seskons Judge, Sahiwal vide judgment dated 15.12.2015 in the private complaint lodged under Sections 364-A, 201, 302, 148 and 149, PPC in case FIR No, 39/2012 offence under Section 363, PPC registered at Police Station Kameer District Sahiwal whereby they were tried along with Asif Hussain, Sarfraz Hussain and Mst. Razia Bibi, convicted under Section 201, PPC and sentenced to imprisonment for seven years R.I. With fine of Rs, 20,000/- each, in default whereof to further undergo imprisonment for three months S. I. They were further directed to pay a sum of Rs, 30,000/- each under Section 544-A, Cr.P.C. To the complainant which shall be recovered as arrears of land revenue. Benefit of Section 382-B, Cr.P.C. Was extended to both the petitioners/appellants.
However, they were acquitted of the charges under Sections 364-A, 302, 148 and 149, PPC by giving them benefit of doubt.
2. Learned counsel for the petitioners/appellants submits that Khadim Hussain and Manzoor Hussain, petitioners are behind the bars since 27.03.2012 and 25.01.2013, respectively; that they were convicted by the learned trial Court vide judgment dated 15.12.2015 and sentenced to seven years R.I; that the petitioners have served out about more than half of their substantial sentence; that there is no likelihood of hearing of main appeal in near future. Learned counsel places reliance on the case reported as "Makhdoom Javed Hashmi vs. The State" (2007 SCM R 1844) and "Makhdoom Javed Hashmi vs. The State" (2008 SCM R 165).
3. On the other hand, learned Deputy District Public Prosecutor assisted by learned counsel for the complainant opposes this petition on the ground that the petitioners/appellants have been convicted by the learned trial Court after regular trial and as such, do not deserve for suspension of their sentence.
4. Heard. Record perused.
5. Khadim Hussain and Manzoor Hussain, petitioners/ appellants are behind the bars since 27.03.2012 and 25.01.2013, respectively. They have been convicted by the learned trial Court vide judgment dated 15.12.2015 and sentenced to undergo rigorous imprisonment for seven years. They have served out about more than half of their substantial sentence. There is no likelihood of the fixation of the main appeal in near future. In these circumstances, petitioners/ appellants have made out a case for suspension of sentence: Consequently, this petition is allowed. The petitioners be released on bail subject to their furnishing bail bonds in the sum of Rs, 1,00,000/-(rupees one lakh only) each with one surety each in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court. The petitioners shall appear before this Court on each and every date of hearing till the final disposal of the main revision petition.