Heard the learned counsel for the appellant and learned AGA. The appellant has been convicted in S.T. No. 48 of 2005 for the offences under section 307, 34 IPC and the maximum sentence awarded to him is 10 years R.I. The rest of the sentences are lesser sentences and all the sentences have been ordered to run concurrently.
On the bail prayer of the appellant and suspension of sentence under section 389 Cr.P.C. it is submitted by the counsel for the appellant that the appellant was on bail during the trial and he has not misused the liberty of bail. He further contended that the appeal is not likely to be heard in near future. He further contended that even though four persons are alleged to have fired on the injured, but he had sustained only two injuries that too were simple in nature therefore conviction under section 307 IPC is bad in law; appellant is in jail since September 2009.
Learned AGA refuted the argument and file written objection which is taken on record.
Without expressing any opinion on the merit, let the appellant Jabar Khan be released on bail on his furnishing a personal bond of Rs. 1 lac with two sureties each in the like amount to the satisfaction of trial judge concerned in the above Sessions Trial for above offence. As soon personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this court forthwith by trial judge concerned to be kept on the record of this appeal.
Appellant Jabar Khan is allowed one month time to deposit half of the amount of fine awarded to him. Rest half of the amount of fine shall remain stayed during the pendent elite of this appeal in this court. Order Date :- 1.2.2010 Gss