Criminal Miscellaneous No 1 of 2003 This application has been tiled for suspension of sentence of the petitioner who stands convicted under section 302(b), P.P.C. And sentenced to imprisonment for life, with a direction to pay Rs.50,000 as compensation to the legal heirs of deceased, in default whereof to further undergo imprisonment for six months.
2. It is contended that petitioner Sakhi Muhammad has not caused any injury to the deceased or to P.W. He is simply named in the F.I.R. Without specific role. It is also contended that there is no likelihood of hearing of the main appeal in near future and if ultimately the petitioner is acquitted, the period he had undergone in jail cannot be compensated.
3. The learned counsel for State has opposed the petition.
4. We have heard the learned counsel for the parties and have also gone through the impugned judgment.
5. Admittedly the petitioner has not caused any injury to any P.W. Or to the deceased. Whether he shared the common intention or not, will be seen at the time or hearing of the main appeal.
Though the petitioner has been convicted but there is no likelihood of hearing of the appeal in near future and petitioner if ultimately acquitted, he cannot be compensated for the period he will undergo in jail due to pendency of appeal.
6. In view of the above, we allow this petition, suspend the sentence of the petitioner and order his release on bail on his furnishing bail bond in the sum of Rs.1,00,000 with two sureties each in the like amount to the satisfaction of learned trial Court.