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Criminal Miscellaneous No. 3 of 1983 in Criminal Appeal No705 of 1981, decided on 20th December, 1983.

Criminal Procedure Code (V of 1898)--

---S. 426--Penal Code (XLV of 1860), S. 302--Bail, grant of--Petitioners appeAl not heard within a period of 2 years of his conviction under S. 302, P. P.C--Petitioner's case, held, covered by clause (c) of subsection (1-A) of S. 426, Cr.P.C. and as such he earned right of bail in circumstances--Petitioner's sentence suspended and he allowed bail.

Zahid Hussain Khan and Rabnawaz Khan Niazi for the Petitioner.

Nemo for the State.

Criminal Miscellaneous No. 3 of 1983

The petitioner has been sentenced to imprisonment for life and a fine of Rs. 10,000 vide judgment, dated 24th November, 1981. This is a second petition for the suspension of sentence, the first one having been rejected on 23rd June, 1982. The fresh ground urged for bail is that the appeal of the petitioner having not been heard within a period of two years of his conviction, he has earned the right of bail. The case falls under clause (c) of subsection (1-A) of section 426, Cr.P.C. Consequently, the sentence of the petitioner is suspended A subject to his furnishing security in the sum of Rs. 25,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Mianwali.

S.G.D.

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