GHULAM MUHAMMAD and 2 others vs THE STATE and another

ORDER

' TARIQ SHAMIM, J.- Through this petition, the petitioners seek suspension of their sentences awarded to them by the learned Judicial Magistrate, Section 30, Khushab vide judgment, dated 5- 6-2001 registered under sections 337-A(i), 337-A(iv), 427, 341, 147 and 149, P.P.C. At Police Station Naushera, District Khushab, whereby he convicted and sentenced the petitioners as follows:--

(i) Petitioner No,1 under section 337-A(iv), P.P.C. Three years' R.I. And to pay Arsh to the victim amounting to 15% of the Diyat.

(ii) Petitioner No,2 under section 337-A(i), P.P.C. One year's R.I. And to pay Rs,20,000 as Daman to the victim.

(iii) Petitioner No,3 under section 337-A(i), P.P.C. One year's R.I. And to pay Rs,20,000 Daman to the victim.

' Benefit under section 382-B, Cr.P.C. Was not extended to the petitioners and the amounts of Arsh and Daman were liable to pay by them in lump sum.

2. On appeal, the learned Additional Sessions Judge, Khushab vide his judgment, dated 4-1-2007 maintained the impugned judgment to the extent of periods of conviction of petitioners Qadir Baksh and Sultan Sarkhru Khan but to the extent of petitioner No,1, Ghulam Muhammad set aside the impugned judgment and keeping in view the injury falling under Shajjah-e-Khafifa convicted him under section 333(i), P.P.C. And sentenced to .One year's R.I. Along with the payment of Rs,2,000 as Daman. The amount of Daman awarded against petitioners Nos.2 and 3 were also reduced from Rs,20,000 to Rs,2,000 payable by each of them. The petitioners were to pay the amount of Daman to the injured P.W. Aslam Khatoon or her legal heirs and in case of non-payment they were to be kept in jail as that of prisoners of simple imprisonment.

3. The learned counsel for the petitioners at the very out set states that the sentence awarded to each of the petitioners is short and therefore, liable to be suspended.

4. The learned Deputy Prosecutor-General while conceding the contention of the learned counsel for the petitioners does not oppose the suspension of sentence awarded to the petitioners-.

5. I have heard the learned counsel for the parties and perused the record.

6. The sentence awarded to the petitioners is short and before the criminal revision is set down for final hearing is quite possible that the petitioners may have served out their entire sentence.

7. For what has been stated above, this petition is accepted and the sentence of the petitioners is suspended and they are admitted to bail subject to their furnishing bail bonds in the sum of Rs,25,000 each with one surety each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court.