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Criminal Miscellaneous No. 2 of 1986 in Criminal Appeal No. 749 of 1986, decided on 23rd December, 1986.
---Ss. 497(1) & 426---Penal Code (XLV of 1860), H. 302----Sentence, suspension of---Bail, grant of----petitioner already having undergone statutory period of 2 years before suspension of his sentence, in first round o appeal when case was remanded to Trial Court for recording legal sentence---Petition admitted to consider question whether petitioner was entitled to remain on bail, in circumstances.
G.A. Farid for Appellant.
Ismail and Hassan Ali were tried for the murder of Khushi Muhammad deceased by the learned Sessions Judge, Okara. By his judgment, dated 30-4-1984 he convicted them under section 309/34, P.P.C. and sentenced them as follows:
(1) Ismail: to undergo Imprisonment for life plus fine.
(2) Hassan Ali: to undergo 10 years' R.I. plus fine.
They had filed an appeal before this Court. On 7-6-1986 the sentence of Hassan Ali was suspended on the ground that his appeal had not been disposed of within a period of two years while the sentence of Ismail was suspended on 1-10-1986. The conviction and sentence of Hassan All was set aside by this Court on the ground that after finding him guilty under section 302/34, P.P.C. he could not be awarded ten year R.I. because offence under section 302, P.P.C. was either punishable with death or imprisonment for life. The case was remanded to the learned Sessions Judge, Okara for passing a legal sentence. The warned Sessions Judge vide his judgment dated 1-12-1986 has now sentenced Hassan Ali to imprisonment for life, plus fine.
He has filed a petition for suspension of sentence: It is stated that the learned Session Judge a has ordered for his arrest. Learned counsel appearing on his behalf states that since Hassan Ali petitioner had already undergone the statutory period of two years before the suspension of his sentence, he is entitled to remain on bail.
Before proceeding further, 1 would like to hear the learned Advocate-General on this point.
Mean while, the petitioner shall remain on bail already granted to him.
The petition may be listed for hearing after winter holidays.
S.G.D./753/L Order accordingly.
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