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Criminal Miscellaneous No. 1 in Criminal Appeal No.667 of 1986, decided on 20th December, 1986.
---S. 426--Penal Code (XLV of 1860), Ss. 363, 366 & 376--Sentence, suspension of--Suspension sough-t on grounds touching merits involving reappraisal of entire evidence--Such an exercise at bail stage, held, would not be expedient to undertake--Sentence of female accused, however, suspended.
Muhammad Farooq Qureshi Chishty for Petitioners.
The petitioners, Dost Muhammad and Mst. Ghulam Sakina, have been convicted under sections 363 and 366, P.P.C. by a learned Magistrate Section 30 Jauharabad, vide judgment dated 28-10-1986. Dost Muhammad petitioner has further been convicted under section 376, P.P. C. Dost Muhammad and Mst. Ghulam Sakina have been sentenced to one year's rigorous imprisonment and a fine of Rs.1,000 each or in default two months' rigorous imprisonment under section 363, P.P.C. They have been sentenced to two years' rigorous imprisonment and a fine of Rs.1,000 each or in default two months' rigorous imprisonment under section 366, P.P.C Dost Muhammad has been sentenced to four years' rigorous imprisonment and a fine of Rs.5,000 or in default six months' rigorous imprisonment under section 376, P.P.C. In case of both the convicts it has been directed that the sentences shall run consecutively. Suspension of aforementioned sentences awarded to the petitioners has been sought through the under consideration miscellaneous petition on the grounds touching the merits of the case involving the re-appraisal of the entire evidence. It is not deemed expedient to undertake such an exercise at this stage.
In view of the fact that the petitioner Mst. Ghulam Sakina is a female and in her case the sentence on both the counts is two years, the sentence is suspended and she is directed to be released on bail on furnishing security in the sum of Rs.10,000 (Rupees ten thousand) with one surety in the like amount to the satisfaction of A . C . Jauharabad. Application of Dost Muhammad for suspension of sentence is, however, dismissed. The main appeal is directed to be listed for actual hearing within four months.
S. A. Partly accepted.
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