C.M. No. 01 of 2018.
Through this petition under Section 426 Cr.P.C, Fayyaz Hussain petitioner seeks suspension of his sentence awarded to him by learned Addl. Sessions Judge, Muzaf fargarh, vide judgment dated 30.01.2016 in case FIR No.250 dated 04.07.2007 u/S. 302, 34 PPC Police Station Sadar , Muzaf fargarh, whereby he was convicted and sentenced as under:- Convicted u/S. 302-B PPC and sentence d to suffer imprisonment for life as Ta'azir and to pay Rs.5,00,000/- as compensation to legal heir of deceased in default whereof to further undergo six months SI.
Benefit of Section 382-B . Cr . P.0 was also extended to petitioner .
2. Heard. Judgment perused.
3. Admittedly , petitioner was convicted and sentenced by learned trial Judge on 30.01.2015 and he preferred this appeal through jail authorities on 08.02.2016. Since then his appeal is pending and has not been disposed of on merits. He moved this C.M for suspension of sentence on 05.07.2018. Statutory right to be released on bail has also accrued to petitioner as he has undergone more than two years after filing appeal before this Court. His co- accused were acquitted on the same set of evidence. Perusal of file shows that appeal is pending since the year 2016 and has not been finally decided due to rush of work. Further , there is no record of previous conviction of petitioner in any such like case.
4. For the above-stated reasons, I 'am inclined to suspend the sentence of petitioner Fayyaz Hussain and he be released on bail subject to furnishing bail bones in the sum of Rs.200,000/- with one surety in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court. However , petitioner will appear before this Court on each and every date of hearing till Final disposal of this appeal.