Petitioner has earned statutory right for his release on bail, pending appeal, under Section 426(1-A)(e), Cr.P.C--Injury attributed to petitioner, is not cause of death, co-accused saddled with case, for causing fatal injury-had been acquitted, therefore, even on merits, petitioner, has successfully made out, his case, for his release on .bail through suspension of his sentence--

 PLJ 2021 Cr.C. (Lahore) 130

Criminal Procedure Code, 1898 (V of 1898)--

----S. 426(1-A)(c)--Suspension of sentence--Petitioner/appellant was convicted and sentenced as stated above--He filed appeal against said judgment on 29.09.2015--Since petitioner is behind bars for more than three years and 09 months--Petitioner has earned statutory right for his release on bail, pending appeal, under Section 426(1-A)(e), Cr.P.C--Injury attributed to petitioner, is not cause of death, co-accused saddled with case, for causing fatal injury-had been acquitted, therefore, even on merits, petitioner, has successfully made out, his case, for his release on .bail through suspension of his sentence--Petition .is allowed, sentence awarded to appellant/petitioner is suspended.    [P. 131] A

M/s. Kazim Ali Malik and Nasir Mehboob Tiwana, Advocate for Petitioner/Appellant.

Mr. Kamran Akbar Hashmi, Advocate for Complainant.

Mr. Imdad Hussain Chatha, Deputy Prosecutor General for State.

Date of hearing: 20.6.2019.

 PLJ 2021 Cr.C. (Lahore) 130
Present: Anwaarul Haq Pannun, J.
YASIR RAUF--Appellant
versus
STATE etc.--Respondents.
Crl. A. No. 1737 of 2015, decided on 20.6.2019.

Order

Crl. Misc. No. 2 of 2018

Through this, Crl. Miscellaneous, the convict/petitioner. Yasir Rauf seeks suspension of his sentence awarded by learned Sessions Judge, Bhakkar, vide judgment dated 19.09.2015 on the conclusion of his trial in case/FIR No. 63 dated 29.02.2012, offence under Sections 302/324/337-D/337-F(iii)/337-F(v)/148/149, PPC, at Police Station City Bhakkar. The learned trial Court while acquitting the co-accused Ishtiaq Ahmad, Shahid Rauf and Tanveer Ahmad, convicted and sentenced the petitioner/appellant through the impugned judgment as under:

Under Section/302(b),PPC

“Imprisonment for life alongwith compensation Rs. 3,00,000/- payable to the legal heirs of the deceased as required under Section 544-A, Cr.P.C. and in case of default, the convict shall undergo further imprisonment for six (06) months. The convict is also given benefit of Section 382-B, Cr.P.C.

2. Arguments heard and record perused.

3. After hearing learned counsel for the parties, Deputy Prosecutor General for the state and going through the record it is observed that the petitioner/appellant was convicted and sentenced as stated above. He filed appeal against the said judgment on 29.09.2015. Since the petitioner is behind the bars for more than three years and 09 months. The petitioner has earned statutory right for his release on bail, pending appeal, under Section 426(1-A)(e), Cr.P.C. It has also been noticed that injury attributed to the petitioner, is not cause of death, The co-accused saddled with the case, for causing fatal injury-had been acquitted, therefore, even on merits, the petitioner, has successfully made out, his case, for his release on bail through suspension of his sentence. Resultantly, the instant-petition is allowed, sentence awarded to the appellant/petitioner Yasir Rauf is suspended and he is ordered to be released on bail, subject to his furnishing bail bonds in the sum of Rs. 2,00,000/-(Rupees two lac only) with one surety in the like amount to the satisfaction of Deputy Registrar (Judicial). He be directed to appear before this Court on each and every date of hearing till the final decision of main appeal.

Main Case

4.  Relist.

(A.A.K.)          Petition allowed