Crl.Misc.No, 1/2018 At the very outset, learned counsel for the Petitioners states that he wants to withdraw this application as it has been filed by mistake. Petitioner No, 1 has moved Crl.Misc.No, 2/2018 while petitioners No, 2 to 4 have moved Crl.Misc.No, 3/2018 before this Court for suspension of their sentence which are still pending and they would pursue them. In view of the foregoing, this application is dismissed as withdrawn.
Crl.Misc.Nos,2 & 3/2018 The Petitioners/Appellants, Manzoor Ahmad, Ghulam, Maqbool and Nazir Ahmad, were tried by the learned Additional Sessions Judge, Chichawatni, in private complaint case titled "Sardar Muhammad v. Manzoor Ahmad & others" for offences under Sections 506-B, 427, 337-F(v), 337-L(2), 354-A, 148, 149, PPC and were convicted and sentenced as under vide judgment dated 14.1 1.2018: Manzoor Ahmad: Convicted under Section 427, PPC and sentenced to rigorous imprisonment for one year with fine of Rs,20,000/- and in case of default thereof to underg o simple imprisonment for a further period of one month. He was also directed to pay Rs,2,00,000/- to the Complainant as compensation in terms of Section 544-A, Cr .P.C.
Ghulam Rasool: Convicted under Section 337-F(v), PPC and sentenced to pay Daman of Rs, 1,00,000/- to the injured Muhammad Sardar . He was directed to remain in jail till payment of Daman.
Maqbool: Convicted under Section 337-L(2), PPC and sentenced to pay Daman of Rs,50,000/- to the injured Muhammad Sardar . He was directed to remain in jail till payment of Daman.
Nazir Ahmad: Convicted under Section 337-L(2), PPC and sentenced to pay Daman of Rs,50,000/- to the injured Muhammad Sardar . He was directed to remain in jail till payment of Daman.
Co-accused Siddique, Shahid and Irfan were also tried in the said case but were acquitted of the charge.
The Petitioners have filed the captioned appeal against the judgment of the learned trial Court dated 14.11.2018 which is still pending. Petitioner Manzoor Ahmad has filed Crl. Misc.No, 2/2018 while Petitioners Ghulam Rasool, Maqbool and Nazir Ahmad have moved Crl. Misc. No, 3/2018 for suspension of their sentence.
2. Arguments heard. Record perused.
3. Insofar as Petitioner Manzoor Ahmad is concerned, the sentence awarded to him being one year is indeed short.
There is no prospect of early fixation of the main appeal which relates to the year 2018. In case his sentence is not suspended there is a possibility that he may serve out his entire sentence before his appeal is decided file cannot be kept behind the bars for an indefinite period as it would amount to punishment in advance. It is also evident from perusal of paragraph 18 of the impugned judgment that he was on bail during his trial. There is no allegation against him that he misused the concession of bail during the pendency of his trial. In this view of the matter , his prayer for suspension of sentence and grant of bail can be favourably considered. Reference in this regard may be made to the case of Rafaqat Ahmad v . The State ( 1994 SCMR 1206 ).
4. Resultantly , Crl. Misc. No, 2/2018 is allowed and the sentence of Petitioner . Manzoor Ahmad is suspended. He is directed to be released from custody subject to his furnishing bail bond in the sum of Rs, 100,000/- (Rupees one hundred thousand) with one surety in the like amount to the satisfaction of the Deputy Registrar (Judl.) of this Court. He is, however , directed to attend this Court on each and every date of hearing till the final decision of his appeal.
5. As regards Petitioners Ghulam Rasoo l, Maqbool and Nazir Ahmad, it is observed that they were sentenced to punishment of Daman which would be paid to PW Muhammad Sardar who was injured in the occurrence. Since their co-Appellant Manzoor Ahmad has been admitted to bail by way of suspension of his sentence for the reason that there is no likelihood of the main appeal being heard in the near future, they should also be dealt with in the same manner . Accordingly , I accept Crl. Misc. No, 3/2018 and suspend their sentence. They are directed to be released on bail subject to their furnishing surety equal to the amount of Daman awarded to them with the Deputy Registrar (Judl.) of this Court. They shall also appear before this Court on each and every date of hearing till the main appeal is decided.