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Criminal Miscellaneous No.1 in Criminal Appeal No. 421 of 1987, decided on 3rd August, 1987.
---S.426--Penal Code (XLV of 1860), S.409/34--Prevention of Corruption Act (II of 1947), S.5(2)--Suspension of sentence-- Accused sentenced to 3 years' R.I.--Sentence being short and appeal not likely to be disposed of before expiry of period of sentence--Accused released on bail.
Sardar Muhammad Latif Khan Khosa and Chaudhry Captain Habib Ullah Khan for Petitioners.
Javed Shaukat Malik for the State.
The petitioners were tried by the learned Special Judge (Central), Lahore and were convicted under section 409/34, P.P.C. and sentenced to 3 years' R.I. each and a fine of Rs. 5,000 each in default they have been ordered to undergo further R.I. for one year each. They have also been convicted under section 5(2)/47 of the Prevention. of Corruption Act, 1947 and sentenced to R.I. for one year each and also to pay a fine of Rs. 2,000 each and in default thereof to undergo further six months' R.I. each. The sentences awarded on both counts were directed to run concurrently and apart from this benefit of section 382-B, Cr.P.C. has also been granted to the petitioners.
2. The petitioners have filed an appeal against the said conviction which has been admitted. This is an application for suspension of the sentence and for their release on bail. The contention of the learned counsel for the petitioners that the sentence being short one and the appeal is not likely to be heard and disposed of before the expiry of the said period of sentence, has force. It is also argued that the petitioners remained on bail throughout during the trial of the case before the trial Court. I have gone through the impugned judgment and the arguments that the same is based on conjectures and surmises, tainted and discrepant evidence requires consideration.
3. In view of the foregoing reasons I am of the definite opinion that this is a fit case for suspension of the sentences awarded to the petitioners during the pendency of the appeal. The execution of the sentences of the petitioners shall remain suspended till the disposal of the appeal and they shall be released on bail on their furnishing bail bonds in the sum of Rs. 10,000 (Rupees ten thousand only) each with one surety each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court.
M.A.K./M-338/L
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