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Criminal Miscellaneous No.1 of 1987 in Criminal Appeal No.423 of 1984, decided on 17th August, 1987.
-----S.426--Penal Code (XLV of 1860), S.302--Suspension of sentence- Appeal of accused against his conviction and sentence not fixed for final hearing within statutory period--Sentence suspended and accused released on bail.
Muhammad Din and another v. The State 1986 S C M R 1970(1) rel.
Qazi Muhammad Salim for Petitioner.
Ch.Abdul Aziz for the State.
The petitioner Muhammad Ramzan, has moved this petition under section 426, Cr.P.C. for the suspension of his sentence awarded by the learned Additional Sessions Judge, Faisalabad under section 302, P.P.C. whereby he was convicted and sentenced to suffer life imprisonment, and a fine of Rs.5,000 or in default thereof rigorous imprisonment for. one year and compensation of Rs.5,000 to the legal heirs of the deceased, vide the judgment dated 20-5-1984.
2. It is. argued by the learned counsel for the petitioner that he was convicted on 20-5-1984 and from that date onwards so far the petitioner has suffered his sentence for a period of three years one month and ten days and as such he is entitled to the concession of bail as his appeal has not yet been fixed for final hearing. Learned counsel has placed reliance on Muhammad Din and another v. The State (1986 SCMR 1970(1)).
3. Learned counsel appearing on behalf of the State has no objection if the sentence of the petitioner is suspended.
4. In view of the position having been taken by the learned counsel for the petitioner that Cr. A . No.423 of 1984 filed by the petitioner has not yet been fixed for final hearing within the statutory period fixed by law.
5. I accordingly suspend the sentence of the petitioner and release him on bail subject to his furnishing security in the sum of Rs.70,000 (Rupees seventy thousand) with two sureties each in the like amount to the satisfaction of the AC/Duty Magistrate Faisalabad.
M.Y.H./M-339/L Bail granted.
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