1. ' The appeal filed by the appellants against their conviction under section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, by judgment, dated 6-12-1994 of the learned Additional Sessions Judge, Chichawatni, has been admitted to regular hearing by order, dated 26- 4-1995 of this Court. Today the case is fixed for hearing of the application for suspension of sentence. Muhammad Hanif has also filed a criminal revision being Criminal Revision No,121/L of 1994 for enhancement of sentence (the appellants have been sentenced to five years' R.I.). I have heard learned counsel in this case both appellant Yaseen as well as complainant Muhammad Hanif have been claiming appellant Mst. Kausar Perveen as their wife. Civil litigation was pending.
2. According to learned counsel for the complainant the suit for dissolution of marriage filed by Mst.
3. Kausar Perveen was withdrawn and the suit for restitution of conjugal rights filed by Muhammad Hanif was decreed, but Syed Murtaza Ali Zaidi learned counsel for the appellants, states that the suit for dissolution of marriage had not been withdrawn by Mst. Kauser Perveen and a fraud had been committed by Muhammad Hanif and that it was shown that the suit had been withdrawn by filing some application without any authority of Mst. Kauser Perveen, and an application for setting aside the withdrawal has been filed, which is pending. It is also pointed out by learned counsel for the appellants that an appeal has been filed by Mst. Kauser Perveen against the decree for restitution of conjugal rights, which appeal is pending before the appellate Court. It is pointed out by learned counsel for the appellants that four children have been born to the appellants after the marriage claimed by him to be valid whereas according to learned counsel for the complainant, Mst. Kauser Perveen being already married to Muhammad Hanif both appellants were living in sin and the children are illegitimate.
4. Civil litigation is still pending; both Yaseen and complainant have claimed Mst. Kauser Perveen to be their wife; four children have been born to Mst. Kauser Perveen from Yaseen; according to learned counsel for the appellants both the appellants have now remained in custody, before and after their conviction, for a period of about nearly two years and a suckling baby is also in jail alongwith Mst. Kauser Perveen.
5. ' In the circumstances of the case, in my view, a case for suspension of sentence is made out.
6. ' Criminal Miscellaneous No,109/L of 1995 is granted and the sentences awarded to the two appellants are suspended and they are ordered to be released on bail during the pendency of this appeal on each of them furnishing one surety in the sum of Rs,25,000 with personal bond in the like amount to the satisfaction of the Assistant Commissioner/Duty Magistrate, Chichawatni.
7. ' After hearing Syed Abbas Ali, learned counsel for the complainant in Criminal Revision No,121/L of 1994, and also for the facts and reasons mentioned hereinabove, in my view no case is made out for enhancement of sentence. Criminal Miscellaneous No,121/L of 1994 is accordingly dismissed in limine.