Muhammad Shabbir , petitioner/accused alongwith others was booked in case F.I.R. No. 114 dated 9.4.2012 under Sections 302/324/ 334/337-U/337-A(ii)/337-F(iii)/337-L(ii)/379/148/149, P.P.C. registered at Police Station Thingi of Distt. Vehari. The petitioner absconded during trial and was as such declared proclaimed offender and his matter was separated by the learned trial Court from the other co-accused persons who were tried and trial to their extent reached its logical conclusion. At some later stage the petitioner was also arrested and trial commenced which culminated into his conviction under Section 302(c), P.P.C. as a result of which he was sentenced to suffer ten years R.I. He was also directed to pay Rs.2,00,000/- compensation to legal heirs of the deceased under Section 544-A, Cr.P.C. or to suffer six months S.I. Benefit of Section 382-B, Cr.P.C. was, however , extended to him. Feeling aggrieved of the said conviction and sentence, the petitioner has filed titled appeal.
2. Through this application the petitioner seeks suspension of his sentence till the decision of main appeal.
3. Principles regulating release of an accused on bail after suspension of conviction and sentence are akin to that of concession of bail pending trial. I am also conscious that bail should not be withheld as punishment simply because the accused had absconded but at the same time I am cognizant that a fugitive from law loses some of his normal rights available to him in procedural and substantive law and in such circumstances bail should not be granted liberally rather Court should be cautious and take strict view and proceed with greater degree of circumspection. The impugned judgmen t shows that prosecution version set up in the F.I.R. and established through the P.Ws. at trial was that on 8.2.2012 at about 6.00 p.m. the petitioner armed with .12 bore gun alongwith other co-accused also armed with different weapons had attacked on Laeeq Masood, Muhammad Asif and Babar Ali of the complainant party . It was alleged that Laeeq Ahmad was be laboured by the co-accused and when Asif and Babar Ali tried to rescue him, the petitioner caused a butt blow of his gun landing on back side of head of Muhammad Asif who fell down and became unconscious. The said Asif, could not survive and expired due to said injury on 10.4.2012. During investigation .12 bore gun was recovered from him and he was found involved in the commission of crime. During trial, he remained absconder for a long period and as such tried to hamper the trial as a consequence whereof his case was separated. In these circumstances do not find it a fit case for suspension of sentence.
4. Consequently , this petition fails and is hereby dismissed.