2021 YLRN 59

MUHAMMAD NAWAZ Versus State

Citation2021 YLRN 59

CourtLahore High Court

Judge(s)Anwaarul Haq Pannun

ORDER

Cr1. Misc. No. 1 of 2019

ANWAARUL HAQ PANNUN, J.--- Through this Crl. Miscellaneous, the convict/petitioner Muhammad Niwaz seeks suspension of his sentence awarded by learned Addl. Sessions Judge, Sahiwal, vide judgment dated 28.05.2016, on the conclusion of his trial in case FIR No.328/10 for offences under sections 302, 324, 34, P.P.C. registered at Police Station Harappa, District Sahiwal. The learned trial Court convicted and sentenced the present petitioner through the impugned judgment as under:--

Under section 302(b) read with 34, P.P.C.

"Imprisonment for life as Ta'zir along with fine of Rs.3,00,000/-. In case of default of payment of fine the accused shall further undergo six months simple imprisonment (S.I). The accused Nawaz shall also liable to pay Rs.200,000/- (Two Lac rupees) as compensation under section 544-A, Cr.P.C. to the legal heirs of deceased which will be recovered from the accused as arrears of land revenue. The benefit of section 382-B, Cr.P.C. was however extended.

2. Arguments heard and record perused.

3. It is observed that the petitioner along with co-accused filed appeal against the aforesaid judgment in the year 2016. The petitioner is behind the bars since 27.11.2013 and after pronouncement of judgment, he has also served out period of more than six years and eleven months, therefore, he has earned statutory right for his release on bail, pending appeal, under section 426(1-A)(c), Cr.P.C. Moreover, sentence of the co-accused Umar Daraz alias Umar Hayyat has been suspended by this Court vide order dated 30.04.2018, as such, petitioner is also entitled to be released on bail on the rule of consistency. Resultantly, the instant petition is allowed, sentence awarded to the appellant/petitioner Muhammad Niwaz is suspended and he is ordered to be released on bail, subject to his furnishing bail bonds in the sum of Rs.5,00,000/- (Rupees five 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.

SA/M-178/L Sentence suspended.