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Criminal Miscellaneous No. 4 of 1985 in Criminal Appeal No. 550 of 1983, decided on 3rd October, 1985.
‑‑‑S. 426‑‑Penal Code (XLV of 1860), Ss. 302, 307 & 148/149‑‑Suspension of sentence‑‑Defence plea of self‑defence was partly accepted by Trial Court and accused was sentenced to 8 years' R.I.‑‑Appeal of accused not having been fixed for regular hearing in spite of expiry of two years after filing appeal‑‑Sentence suspended in circumstances.
M. Asghar Rokhari for Petitioner.
Malik Rehmat Khan Awan for the State.
Date of hearing: 3rd October, 1985.
The petitioner who was tried under section 302/307/148/149, P.P.C. alongwith four others, was convicted under section 304, P.P.C., and sentenced' to undergo 8 years' R.1. plus a fine of Rs.1,000 in default whereof to suffer one year R.1. by Additional Sessions Judge, Bhakkar, vide order, dated 24‑9‑1983.
2. The bail is being sought on the ground that the petitioner who had received 3 injuries in the occurrence, one of which was on the top of the head, had pleaded self‑defence, during the trial, which has been partly accepted by the trial Court, in the sense that he has not been convicted under section 302. P.P.C. and that if the petitioner is not acquitted, in all probability the sentence of 8 years will not be maintained. Lastly, bail has been pressed on the ground that in spite of a period of 2 years having passed, the appeal has not been fixed for regular hearing.
3. Learned counsel for the State has opposed the grant of bail.
4. Keeping in view the fact that the petitioner has been sentenced to 8 years' R.I. and the plea advanced by him that he had acted in self‑defence has also been partly accepted by the trial Court and particularly taking into account the fact of 2 years having passed since his conviction. I feel inclined to exercise discretion in his favour. He shall be released on bail, provided he furnishes bail bonds in the sum of Rs. twenty‑five thousand with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Bhakkar.
H. A. K. Sentence suspended.
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