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Criminal Miscellaneous No. 2 in Criminal Appeal No.458 of 1986, decided on 6th December, 1986.
---S. 426--Penal Code (XLV of 1860), S. 302/307/149/148--Bail, grant of--Sentence, suspension of--Convicts appellants having undergone sentence for slightly more than three years and in all probability might undergo whole of their sentences by time their appeal is decided- Appellants allowed bail and their sentences suspended, in circumstances.
Sardar M. Latif Khan Khosa for Petitioner.
M. Sharif Butt for the State.
Manzur petitioner has been convicted under sections 307 and 148, P.P.C. The other petitioners, Bashir. Muhammad Hayat and lqbal, have been convicted under sections 201/34 and 148, P.P.C. by the Sessions Judge, Gujrat.
Under section 307, P.P.C., Manzur has been sentenced to four years' R.I., plus a fine of Rs.1,000, in default whereof to undergo S. I. for one month. He has also been directed to pay a sum of Rs.1,000 as compensation to injured Fateh Muhammad or in default to suffer S.I. for one month.
The other petitioners, Bashir, Muhammad Hayat and Iqbal, have been awarded sentence of four years' R.I. each, plus a fine of Rs.1,000 each, or in default to suffer one month's S.I. each, under section 201/34, P.P.C.
Under section 148, P.P.C., they have been sentenced to undergo R.I. for one year each.
The sentences in the case of each petitioner has been directed to run concurrently.
They have also been directed to be given the benefit of the provisions of section 382-B, Cr.P.C.
2. According to the learned counsel for the petitioners Manzur was arrested on 26-11-1983, while the others were arrested on 7-10-1983 and they are in jail since then.
According to the calculation, each of the petitioner has undergone sentence slightly more than three years.
In this view of the matter, the contention of the learned counsel for the petitioners that if they are not admitted to bail, they might undergo whole of their sentences by the time their appeal is decided seems to have some force. They are, therefore, directed to be released on bail, provided they furnish bail bonds in the sum of Rs.20,000 each, with two sureties each in the like amount, to the satisfaction of Assistant Commissioner, Gujrat.
S. G. D. Bail allowed.
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