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Criminal Appeal No. 658 of 1976, decided on 28th June 1974.
---S. 426‑Sentence, suspension of‑Appeal not likely to be heard within period of sentences awarded by trial Court and accused prisoners to serve out substantial portion of their sentences by time their appeal heard and disposed of by High Court--- Substantive sentences of accused‑prisoners suspended and prisoners admitted to bail, in circumstance.‑[Bail].
Khalid Ranjha for Appellants.
Inayat Ullah Cheema for the State.
The petitioners have filed appeal against their convictions under various sections. Ghulam Rasul petitioner No. 3 was convicted under section 326, P. P. C. and was sentenced to suffer three years' R. I. apart from a fine of Rs. 500 or in default of its payment to suffer 6 months R. I. All the six peti tioners were also sentenced to suffer R. I. for two years under section 148, P. P. C. Muhammad Siddique and Noor Hussain petitioners were sentenc ed to suffer R. I. for six months each under section 323, P. P. C. The sentences of Ghulam Rasul, Muhammad Siddique and Noor Hussain were ordered to run concurrently. Therefore, in the case of five petitioners out of six the maximum sentence awarded by the trial Court is R. I. for two years while in the case of Ghulam Rasul maximum sentence is three years apart from the fine. The appeal is not likely to be heard within this period and in any case the petitioners are expected to have served the substantial portion of their sentence by the time the appeal is disposed of in this Court. In the circumstances, I am inclined to suspend substantive sentences of all the six petitioners before me and order their release on bail subject to their furnishing security in the sum of Rs. 5,000 (five thousand) with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Multan and subject also to the payment of fine by Ghulam Rasul pending hearing of his appeal which amount when deposited shall not be disbursed to either party till the final disposal of the appeal.
Order accordingly.
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