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SARWAR versus STATE


Criminal Code of Conduct (CCPC) Section 426 (1A) (C) The accused has been convicted under Section 302, PPC and sentenced to life imprisonment and their appeal has been decided for a period of two years. Has been accused of not being inside, he has been detained for which he is entitled to bail. Section 426 (1A) (C), CCPC

1981 P Cr. L J 597

[Lahore]

Before Saeedur Rehman, J

SARWAR ETC----Petitioners

Versus

THE STATE----Respondent

Criminal Miscellaneous No. 1 of 1980 in Criminal Appeal No. 788 of 1978, decided on 8thJune, 1980.

Criminal Procedure Code (V of 1908)-----------

----S. 426 (1-A) (c)-Accused convicted under S. 302, P. P. C. and sentenced to imprisonment for life and their appeal not decided within a period of two years-Accused, held, entitled to bail by virtue of S. 426 (1-A) (c), Cr. P. C.

Mushtaq Raj for Petitioners.

Muhammad Zafar for the State.

ORDER

The petitioners were convicted on 28th May, 1978 and sentenced to imprisonment for life. As their appeal has not been decided within a period of two years, they have become entitled to bail by virtue of the provisions of section 426 (1-A) (c) of the Code of Criminal Procedure. I see no reason to deny them the right. Accordingly I direct that they shall be released on bail subject to their furnishing bail bonds in the sum of Rs. 25,000 (rupees twenty-five thousand) each with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Attock.

Order accordingly.

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