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Criminal Miscellaneous No. 1 of 1930 in Criminal Appeal No. 226 of 1978, decided on 27th February, 1980.
--- S. 426 (c) (1-A)-Sentence, supension of---Petitioners filing appeal against their conviction under S. 302/34, P. P. C. and sentence to undergo imprisonment for life but no immediate prospect existing of their appeal being heard---A case for suspension of sentences, held, made out, in circumstances.
M. A. Zafar for Petitioners.
Fazal Mobin Azad for the State.
This is a petition under section 426, Cr. P. C. by Muhammad Yaqoob and Falahuddin, petitioners, for the suspension of their sentences pending the disposal of their appeal. They have been convicted under sections 302/34, P. P. C. and 325/34, P. P. C. and sentenced to undergo imprisonment for life and three years' rigorous imprisonment, each, respectively, apart from payment of fines in respect of both the offences.
2. This petition has been moved under clause (c) of subsection (1-A) of section 426, Cr. P. C. The petitioners were convicted on 22nd January, 1978. There is no immediate prospect of their appeal being heard. In these circumstances, the petitioners have made out a case for suspension of their sentences.
3. For the foregoing reasons, this petition is accepted and senten ces of Mohammad Yaqoob and Falahuddin, petitioners Nos. 1 and 2, are suspended and they are admitted to bail, subject to their furnishing bail bonds in the sum of Rs. 20,000 (Rupees twenty thousand) each with two surities each in the like amount to the satisfaction of Assistant Commissioner, Multan.
Sentence suspended.
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