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Criminal Appeal No.40 of 2012, decided on 14th November, 2012.
----S. 426---Suspension of sentence---Accused, who was sentenced to one year"s R.I., had undergone one fourth of the total sentence of one year, and benefit of S.382-B, Cr.P.C., had also been extended to him by the Trial Court---Held, it seemed fair that accused be released on bail subject to furnishing bail bond. Malik Haq Nawaz for Appellant.
Arguments heard on the application under section 426, Cr.P.C. annexed with the main appeal. Counsel for the convict/appellant states that the convict has been sentenced to one year"s R.I. with 10% of Diat amount against which this appeal has been preferred and pending adjudication and an application under section 426, Cr.P.C. for suspension of sentence and releasing the appellant on bail is also annexed. It is pleaded that the appellant has already undergone about 50 days behind bars after arrest and about a month after conviction in the judicial lockup amounting to approximately 80 days. Counsel for the appellant also pleads that time may be consumed in the process of adjudication of appeal and by the said time the appellant may have already under gone the sentence against him. That there is no possibility of conclusion of appeal within a reasonable time. A.A.G. representing the State has been called to assist the court as the matter is at the initial motion stage. He has not been noticed as such previously to defend the matter. I feel that in the circumstances of the case as the appellant has undergone one fourth of the sentence of one year and the benefit of section 382-B, Cr.P.C. has also been extended by the trial Court. It would seem fair that the appellant may be released on bail subject to furnishing his bail bonds in the sum of Rs. 2,00,000 (rupees two lac) with two sureties each in the like amount to the satisfaction of Registrar Chief Court. Notice may be issued to respondent for a date in office for further proceedings on the main appeal. HBT/4/GB Bail granted.
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