Crl. Misc. No. 01 of 2023.
MALIK SHAHZAD AHMAD KHAN, J. The petitioner, namely, Kamran Ali alias Hanan through the instant petition seeks grant of bail after suspension of his sentence. The petitioner along with his co-accused was tried in private complaint lodged by Asghar Ali complainant under Sections 302/324/337-D/337-F(ii)/337-F(i)/ 337-A(i)/148/149 of P.P.C. relating to Police Station Noor Kot District Narowal by the learned Addl. Sessions Judge, Shakargarh and vide judgment dated 29.03.2022, he was convicted and sentenced as under:-- Under Section 324 of P. P.C. to suffer 10 years R.I. along with fine of Rs.500,000/-.
Under Section 337-D of P.P.C. to suffer 10 years R.I. and Arsh (1/3rd of the Diyat) payable to Muhammad Arshad injured PW.
Both the aforementioned sentences were directed to run concurrently. The petitioner was also given the benefit of Section 382-B of Cr.P.C.
2. Arguments heard. Record perused.
3. It is evident from the perusal of the record that Kamran Ali alias Hanan petitioner has not been assigned any injury on the body of Muhammad Aslam (deceased) and he has been attributed the role of inflicting 'churri' blow on the abdomen of Muhammad Arshad (PW-2). Impugned judgment, whereby the petitioner has been convicted and sentenced as mentioned above, was passed on 29.03.2022. As per report dated 28.11.2023, submitted by the Superintendent District Jail, Narowal, the petitioner has already undergone a period of about 08 years 02 months and 06 days and the remaining portion of his sentence is 01 year 09 months and 24 days, meaning thereby that the petitioner has undergone the major portion of his sentence. Main Criminal Appeal of the petitioner has already been admitted for regular hearing vide order dated 08.11.2023. There AS no possibility of early fixation and decision of the main appeal filed by the petitioner before this Court as the same pertains to the year 2022. There is nothing on record to show that the petitioner contributed towards the delay in decision of his main appeal. Under the circumstances, of the sentence awarded to the petitioner is not suspended then there is likelihood that he may serve out his entire sentence before the decision of main case on merits. It will amount to awarding the petitioner punishment in advance. As the petitioner has already undergone the major portion of his sentence therefore, a case for suspension of his sentence and grant of bail is made out, as observed in the cases of 'Makhdoom Javed Hashmi v. The State (2008 SCMR 165), 'Adnan A. Khawaja v. The State' (2008 SCMR 1439) and 'Anwar-ul-Haq v. National Accountability Bureau' (PLD 2009 Supreme Court 388).
4. In the light of above discussion, this petition is allowed and sentence of the petitioner is suspended and he is directed to be released on hail subject to his furnishing the bail bonds in the sum of Rs.500,000/- (Rupees five hundred thousand only) with two sureties each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court. The petitioner is, however; directed to appear before this Court on each and every future date of hearing of his main appeal till the final decision of the same.