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Criminal Miscellaneous No.3 of 1987 in Criminal Appeal No.471 of 1985, decided on 22nd August, 1987.

---S.426(1-A)--Penal Code (XLV of 1860), S.302--Conviction under S.302, P.P.C.-- Appeal to High Court against conviction adjourned from time to time and convict /appellant in jail for four years Bail application on statutory ground under S.426 (1-A), Cr.P.C. granted on furnishing of bail bonds in sum of Rs.25,000 with two sureties each in like amount.

Inayat Ullah Cheema for Petitioners.

Ch. Muhammad Mansha for the State.

A case under section 302/307/34, P.P.C. was registered against the petitioners and two others. The petitioners were arrested on 29-5-1983. The learned Additional Sessions Judge vide his judgment dated 23-6-85 convicted both the petitioners to life imprisonment. Learned counsel contends that statutory period of two years has since been lapsed but the appeal of the petitioners has not been heard which entitles the petitioners to the grant of bail. It is further contended that earlier the case was fixed for hearing but the same was adjourned as left over. Submits that the learned counsel for the complainant is on general adjournment, therefore, the case is not likely to be heard till the learned counsel for the complainant is available.

I have seen the record. The petitioners are in jail for the last over four years. Their appeal did come up for hearing but was adjourned as left over. Without going into the merits of the case, I direct that the petitioners be released on bail subject to their furnishing bail bonds in the sum of Rs.25,000/- (Rupees twenty-five thousand only) each, with two sureties each, in the like amount to the satisfaction of the A . C. /Faisalabad.

K.B.A./M-340/L Bail granted.

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