SHAFAYAT AKHTER Vs. STATE AND OTHERS

JUDGEMENT

(1.) By the instant motion, stay of operation of the conviction and sentence was prayed for. The application was filed alongside main appeal but remained pending so as to decide the appeal finally which could not fructify. Appeal has been admitted on 13.12.2612 but could not be finally decided as a result whereof in the order dated 20.11.2015, it was observed that the appeal is in queue, keeping in view the urgency it would be appropriate to list the bail application of the appellant for consideration on an early date, as such is listed today. No objections have been filed.

(2.) The star ground projected for release on bail is that the applicant along with her minor daughter is in the jail for the last more than eight years and her another daughter and son is being taken care of by other family members'. The appellant having been in the custody for last more than eight and half years deserves to be released on bail'

(3.) The position as emerge from the records is that in connection with case registered as FIR No. 62 2007 PS Surankote, four persons including the appellant during investigation were found involved in commission of offence punishable under sections 302/498-A/34, RPC. On completion of investigation, charge-sheet (challan) was presented. Same was committed to the trial court on 7.8.2007. After facing the trial, the other three accused have been acquitted whereas the appellant has been convicted vide judgment dated 1.12.2012 then she has been awarded sentence of life imprisonment. By now the appellant is in the custody for last more than eight years along with her minor daughter. There is no prospect of deciding the appeal in the near future as number of other criminal appeals are in queue for final hearing.