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Criminal Miscellaneous No. 4 of 1987 in Criminal Appeal No. 680 of 1984, decided on 31st May, 1987.

---S.426(1-A)(c)--Penal Code (XLV of 1860), Ss.302, 364, 148 & 149--Suspension of sentence--Statutory delay--Appeal not heard within period of two years--Sentence of co-accused already suspended on same ground--Case of accused covered by C1.(c) of S.426(1-A), Cr.P.C.--Sentence suspended in circumstances.

Muhammad Afzaal Siddiqui for Petitioners.

Fazal-ur-Rehman for the State.

--This is a petition for suspension of sentences on behalf of Muhammad Sadiq, Ghulam Rasool and Rashid alias Huddoo, petitioners, who have been sentenced to R.I. for three years each under section 148, P.P.C., R.I. for ten years and a fine of Rs. 1,000 each under section 364/149, P.P.C. and imprisonment for life and a fine of Rs.2,000 each under section 302/149, P.P.C.

2. It is submitted that the appeal of the petitioners having not been heard within a period of two years of the conviction, they have earned the right of bail.

3. The petitioners were convicted--Nide judgment dated 6-11-1984. The sentence of Khadim Hussain co-accused was suspended by this Court on the same ground. The case of the petitioners is covered b clause (c) of subsection (1-A) to section 426 of the Cr. P. C. Accordingly, we suspend their sentences subject to their furnishing security in the sum of Rs. 25,000 each with two sureties each in the like amount to the satisfaction of A.C. Lahore, Sadar.

S. A./M-235/L Sentence suspended.

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