C.M. No. 02 of 2018.
Through this petition under Section 426 Cr.P.C. Muhammad Azam petitioner seeks suspension of his sentence awarded to him by the learned Additional Sessions Judge, Dunya Pur vide judgment dated 22.10.2016, whereby he was convicted and sentenced as under: Convicted under Section 302(b) PPC and sentenced to imprisonment for life and to pay Rs.2,00,000/- under Section 544-A Cr.P.0 to legal heirs of deceased and in case of default to further undergo SI for four months.
Benefit of Section 382-B Cr . P.0 was also extended to petitioner .
2. Heard. Perused.
3. Admittedly , petitioner was convicted and sentenced on 22.10.2016 and he preferred his appeal through his counsel on 17.11.2016 which is still pending and has not been disposed of so far. Statutory right to be released on bail has also accrued to petitioner .
Moreover , there is no record of previous conviction of petitioner in any such like case nor he, in any stretch of imagination can be termed as hardened, desperate or dangerous criminal. Further , learned counsel for complainant submits that complainant of the case in question has died and legal heirs of deceased have no objection on acceptance of this petition. All the above noted facts need re-appraisal of evidence.
4. For the above-stated reasons, I am inclined to suspend the sentence of petitioner Muhammad Azam and he be released subject to furnishing bail bonds 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.