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Criminal Miscellaneous No. 2 of 1970 in Criminal Appeal No. 705 of 1969, decided on 3rd June 1970.

----S. 498‑Bail Bail declined on first application with direction to fix hearing of appeal within 6 months and giving accused‑appellant liberty to apply afresh should appeal be not so heard‑Appeal not so heard, hence fresh application‑Accused‑appellant found to have already undergone over 9 months' imprisonment in jail and no likelihood of early hearing of appeal in view of Chief Justice's directive to fix hearing of remnant and special order cases in ordinary routine Accused granted ball in circumstances.

Gul Muhammad Khan for Petitioners‑Appellants.

Syed Niaz Ali Shah for the State.

The petitioners‑appellants were convicted under section 326 read with section 149 and section 148 of the Pakistan Penal Code by the Additional District Magistrate, Dera Ghazi Khan, and sentenced to four years' R. I. each under section 326 read with section 149 and six months' R. I. each under section 148 of the Pakistan Penal Code by order dated 30th August 1969. Their appeal was admitted by this Court on the 26th of September 1969, and notice was issued in bail. application (Crl. Misc. No. 1 of 1969) for 3rd October 196. However, when the matter regarding bail came up before my learned brother Muhammad Afzal Khan, J. on 17th October 1969, his Lordship while declining to grant bail gave a direction that the appeal be fixed for hearing within six months. It was further observed, that if the case was not taken up for hearing within six months, the petitioner shall be at liberty to apply again.

2. The appeal could not be heard within six months and hence the present application for grant of bail.

3. It is contended by learned counsel for the petitioners appellants that there is no likelihood of early hearing of the appeal of the petitioners‑appellants because of a, direction issued by the learned Chief Justice on the 9th of April 1970, to the effect, that remnant and special order cases should he fixed in ordinary routine, except where ordered by the Chief Justice. It is also pointed out, that the petitioners‑appellants have already undergone little over nine months' imprisonment in jail.

4. Learned counsel for the State agrees, that in view of the order of the learned Chief Justice, there is no likelihood of early hearing of the appeal. Such being the circum stances, I would allow the application and suspend the sentence of the petitioners‑appellants till the final decision of the appeal. They shall be released on bail, provided they execute bail bonds in the sum of Rs. 10,000.00 (Rs. ten thousand only) each, with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Rajanpur.

Bail granted.

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