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MUMTAZ KHAN versus THE STATE


Criminal Code of Conduct (CCPC) Section 6 426 Bail, Appeal is not yet to be settled despite the grant statutory period and neither applicant's bail is likely to be approved in the near future.

1986 P Cr. L J 2267(1)

[Lahore]

Before Ijaz Nisar, J

MUMTAZ KHAN and others Petitioners

Versus

THE STATE‑‑Respondent

Criminal Miscellaneous Nos. 5 and 6 of 1985, and Criminal Appeal No. 455 of 1984, decided on 19th October, 1985.

Criminal Procedure Code (V of 1898)‑---

‑‑‑S. 426‑‑Bail, grant of‑‑Despite expiry of statutory period appeal not disposed of as yet nor likely to be disposed of in near future‑ Petitioners allowed bail, in circumstances.

S.M. Latif Khan Khosa for Petitioners.

Muhammad Rafiq Butt for the Complainant.

Muhammad Hanif Siddiqui for the State.

Date of hearing: 19th October, 1985.

JUDGMENT

The petitioners stand convicted under sections 148, 307, 452, P.P.C. Under section 148, P.P.C. they have been sentenced to three years R.I. each, under section 307, P.P.C. to six years R.I. each and under section 452, P.P.C. to six years R.I. each. All the sentences were ordered to run concurrently. The judgment is, dated 27‑9‑1984.

Application for suspension of sentence is moved on the ground that despite expiry of the statutory period the appeal has not been disposed of as yet.

2. As there is no likelihood of the disposal of the appeal at an early date, I grant the petition and suspend operation of the sentence and admit the petitioners to bail in the sum of Rs.20,000 with two sureties in the like amount of the satisfaction of A.C./Duty Magistrate, Sargodha.

S.G.D. Petition accepted.

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