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Criminal Miscellaneous No. 1 in Criminal Revision No. 12 of 1983, decided on 23rd February, 1983.

--Ss. 497 & 526-Sentence, suspension of--Petitioners convicted and sentenced to 3 years' R. I. under S. 307/34, P. P. C. already served more than three months of their sentence and their revision petition against conviction likely to be heard after quite some time--Sentence of petitioners suspended and bail allowed to them, in circumstances.

Amjad Ahad Sheikh for Petitioners.

Hamid Sheikh for the State.

This application under section 426, Cr. P. C. prays for the suspension of the sentence awarded to the other three petitioners, namely, Liaqat son of Wali, Shaukat son of Wali and Maqbool son of Jalal by the learned Magistrate, Section 30, Okara, as confirmed by the learned Additional Sessions Judge, Okara by his judgment dated 16th December, 1982 in a case registered against them under section 307/34, P. P. C. The sentence awarded is three years' R. L. each and a fine of Rs. 1,000 each, in default of payment thereof two months' further R. I. each to the petitioners.

2. The revision petition in which this application has been filed has since been admitted.

3. The learned counsel for the petitioners contends that the: sentence is very short and there is no likelihood of the revision petition being heard before the sentence runs out as revisions of the years 1975-76 are only being heard at the present moment.

4. The next contention raised by the learned counsel for the peti tioners is that the petitioners have already served 21 months after the dismissal of their appeal by the learned Additional Sessions Judge and so period after their conviction by the learned Magistrate.

5. The learned counsel appearing for the State only submitted that it cannot be said at the present stage, as to when the revision petition is to heard and six months statutory period had not so far elapsed. He is, however, not in a position to categorically state as to which year's criminal revision petitions are being heard.

6. I have enquired from the office. The office has armed the asser tion made by the learned counsel for the petitioners that the revisions of the year 1976 are being heard and the revisions now being filed are not likely to be heard for quite some time.

7. In view of the foregoing position, I find force in the contention raised on behalf of the petitioners especially when they have already served more than three months of the sentence. The sentence of all the three petitioners is, therefore, suspended and they are enlarged on bail in the sum of Rs. 15,000 (Rupees fifteen thousand only) each with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Dipalpur, District Okara/Illaqa Magistrate, Dipalpur.

Bail allowed.

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