1. Granted.
2. Granted.
3. Granted subject to all just legal exceptions.
4. This is an application under section 426, Cr.P.C. In this application the appellant has prayed that the operation of the sentence be suspended and the appellant be released on bail. The appellant has claimed that he was arrested on 27-3-1990 and thereafter they were released on bail by the trial Court. After the case was tried a judgment was given where the appellants were convicted for offence punishable under section 302, P.P.C. and, called upon to undergo sentence of life with a fine of Rs,50,000 each. In case of default they were to suffer a further imprisonment. The impugned judgment was first passed on 11-2-1999 by 2nd Additional Sessions Judge, Jacobabad, thereafter Criminal Appeal No, 8 of 1999 was filed before the High Court of Sindh. By an order, dated 21-11-2000 the impugned judgment, dated 11-2-1999 was set aside and the case was remanded back to the trial Court to start the proceedings afresh from the stage of recording the statement of accused under section 342, Cr.P.C. The trial Court after recording the statement of the accused passed a judgment on 11-6-2002 confirming the conviction of life and the fine of Rs,50,000. Against this latest judgment once again the appellant has come to this Court. The appeal was admitted for regular hearing in June, 2002. Thereafter, the Matter was fixed for preparation of Paper Book.
In the application for suspension it is claimed that on 27-3-1990 a counter case was registered by appellant Hazaro Khan at Police Station Thull which was registered as Crime No,43 of 1990 against Julio who is the complainant in Crime No,44 of 1990. The case of the complainant party was Sessions Case No,128 of 1990 and was heard by 2nd Additional Sessions Judge, Jacobabad and by a judgment, dated 11-2-1999 all the accused were acquitted. Against this order of acquittal Hazaro Khan preferred a Criminal Acquittal Appeal No, 7 of 1999 before the High Court of Sindh Bench at Sukkur. As the sentence passed by the 2nd Additional Sessions Judge, Jacobabad vide impugned judgment, dated 11-2-1990 was set aside and the case was sent for fresh trial as such criminal acquittal appeal became infructuous and was dismissed.
The counsel has further pleaded several grounds for suspension of sentence which one needs not go into as if they were to be appreciated and orders passed then perhaps the entire appeal would become disposed of. For the present moment I have noted that the appellant is in jail since the year 1999 and is pursuing this case since the year 1990. Furthermore, a bare reading of the judgment shows that whilst life sentence to Hazar Khan and Allah Wassayo the Sessions Judge has punished the other accused under section 323, P.P.C. It is to be noted also that all these persons were involved in the incident. Admittedly some had Lathies in their hands and others had hatchets.
The dispute is over lands which the oldest recorded dispute in the world alongwith money and women. From the judgment it seems that they are not hardened or dangerous criminals but in a fact had fought with the complainant party over the land resulting in mayhem and ultimately the death of certain persons.
By retaining an individual inside the jail who has no previous track record of being a criminal is to harden him in his outlook to society. The repercussions on the family members including social and cultural ostracization would be tremendous. By merely retaining an individual behind bars it is not enough as one is punishing alongwith the accused the entire family. Since the accused have remained behind bars for so long and as relentlessly pursued a matter therefore. they are given the concession of bail and to that extent impugned judgment is suspended. Bail is accordingly granted in the sum of Rs,300,000 each and executing a P.R. Bond in the like amount to the satisfaction of Additional Registrar of this Court.