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Criminal Miscellaneous No.3 of 1987 (in Criminal Appeal No.164 of 1985), decided on 7th'-June, 1987.
---S.426--Penal Code (XLV of 1860), S.302/34--Suspension of sentence--Statutory delay in disposal of appeal--Appeal of accused against his conviction, filed more than two years ago, not decided so far--Accused had not caused any injury to deceased or prosecution witness and part attributed to him was that he caught hold of deceased in his 'Japha' in order to facilitate the murder--Sentence suspended on account of statutory delay in disposal of appeal.
Rai Muhammad Nawaz Kharal for Petitioner.
--This is an application for the suspension of the execution of sentence of Ahmi petitioner, who stands convicted under section 302/34, P.P. C. and sentenced to imprisonment for life and a fine of Rs.10,000/- or in default thereof further R.I. for 3 years.
2. Learned counsel for the petitioner submits that although the petitioner was convicted on 26-2-1986 yet his appeal has not been decided. Learned counsel for the State has opposed this application.
3. We have considered the submissions made by the learned counsel for the parties with care. We find that the petitioner was convicted on 26-2-1985; that he filed appeal, on 9-3-1985; that the appeal has not been decided so far; that the petitioner did not cause any injury to the deceased or P.W. and that the part attributed to him is that he had caught hold of the deceased in his 'Japha' in order to facilitate Yaqoob appellant to give knife blows to the deceased.
For what has been said above, we are of the view that it is fit case for the suspension of the execution of sentence on the ground of statutory delay in disposal of appeal. The petitioner is, therefore, allowed bail in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction' of A. C. /Duty Magistrate, Jaranwala.
M.Y.H./A-105/L Bail granted.
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