C.M No. 1 of 2017 Through this petition under Section 426 Cr.P.C; Rabnawaz convict has sought suspension of execution of his sentence imposed by learned Addl: Sessions Judge, Khanewal vide judgment dated .08.04.2017 whereby petitioner-appellant was convicted and sentenced as under:- Under Section 302(b) PPC imprisonment for life with compensation Rs. 1,00000/- to the legal heirs of deceased and in default of payment further undergo 06 months S.I.
Under Section 376 PPC 10 years R.I with fine of Rs.20,000/- and in default of paym ent further undergo SI for three months.
Under Section 201 PPC to R.I 02 years with fine of Rs. 10,000/-and in default to further undergo for one month S.I.
All the sentences were directed to run concurrently . He was extended benefit of Section 382-B Cr .PC.
2. Heard. Impugned judgment has been gone through.
3. As per prosecution case deceased Shahnaz Bibi alias Shani disappeared on 26.09.2012 at 5:00 P.M when she went to fields in order to cut the grass. On 02.10.2012 her dead body was seen lying in the fields of cotton.
Thereafter case was got registered on 02.10.2012 and the prosecution case was structured on circumstantial evidence, like last seen, extra judicial confession and recoveries. Co-accused of the petitioner had died during pendency of the trial. Admittedly , there was delay of 6 days, in reporting the incident. Till recovery of dead body/crime was not reported by anybody . In the above backdrop, evidence produced in this case needs re- appraisal. Apart from the above, 'petitione r has also earned statutory right of being released on bail. Appeal in this case was filed on 24.04.2017. Final hearing of appeal in hand in near future is not in sight. Petitioner is not contributory towards delay in disposal of appeal in hand. There is , nothing on record to show that petitioner is a hardened or desperate criminal. In this state of affairs, this petition is accepted and execution of sentence of the petitioner is suspended. He be released on bail subject to his 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 Bench. However , petitioner will appear before this Court on each and every date of hearing till final disposal of this appeal.