The petitioners were convicted and sentenced to 5 years and 6 months' R.I. Each and to pay fine of Rs. 35,000 each in default one year and three months' R.I each. Fine if recovered, Rs. 20,000 from each petitioner would be paid to Zahid Shakoor as compensation on 25-8-1994 by Ch. Imtiaz Ahmad Khan, Magistrate, Section 30, Vehari under section 324/34, P.P.C.
2. The petitioners have sought suspension of sentence through Criminal Miscellaneous 1 of 1994, in hand:
3. It is submitted by the learned counsel for the petitioner that the petitioners are innocent and have not committed any offence at all; that the sentence is short. It is 5 years only, out of which petitioners have already spent more than two years in jail; that there is no likelihood of appeal being taken up and disposed of in near future and requests for suspension of sentence.
4. On 7-11-94, office was asked to submit report about the probability of the fixation of the present appeal. Report is available on the file, in which it is clearly stated that criminal appeals up to the year 1985 except appeals against death sentences are being fixed in these days. The above-noted appeal relates to the year 1994 and it is not likely to be fixed in the near future.
5. I have heard the arguments and gone through the file. The sentence is short and appeal is not likely to be fixed in near future. If the sentence is not suspended the petitioners will undergo their maximum sentence. In case the petitioners appellants) are acquitted after hearing the final arguments, no body can compensate for their illegal incarceration. If the sentence is maintained or enhanced in revision there is no legal bar in sending the petitioners (appellants) to jail. Mere filing of revision for enhancement of the E sentence does not render the petitioners (appellants) incapable of receiving benefit or concession of suspension of sentence. This being the position, without touching the merits of the case, I suspend the sentence of the petitioners and admit them to bail subject to their furnishing bail bonds in the sum of Rs. 1,00,000 (Rupees one lac only) each with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Burewala.