1998 P Cr (PLP)

Liaqat and another v. The State 1995 SCMR 1819 ref. Ch. Muhammad Iqbal for Petitioner. Khalid Mahmood Mughal for the State. Through the instant petition under section 426(1-A)(c), Cr.P.C. suspension of sentence awarded to the petitioner by the learned trial Court is sought on statutory ground till the disposal of the main appeal.

2. The facts forming the background of the instant petition are that the petitioner was tried by Syed Ijaz Hussain Gillani, learned Sessions Judge, Attock, and was convicted under section 302(b), P.P.C. and was sentenced to life imprisonment with the benefit of section 382-B, Cr.P.C. He was further ordered to pay Rs.20,000 as compensation to the legal heirs of the deceased, in default whereof he was to undergo R.I. for six months. Having been so convicted, the petitioner preferred an appeal being Criminal Appeal No.124 of 1995 on 5-7-1995 against his conviction and sentence.

3. Through Criminal Miscellaneous No.669/B of 1996 the petitioner earlier sought the suspension of sentence awarded to him by the learned trial Court before this Court. The said Criminal Miscellaneous was, however, dismissed by my learned brother S.M. Zubair, J., on 20-10-1996. The present petition (Criminal Miscellaneous No.601/B of 1997) for suspension of sentence has been moved on statutory ground.

4. Mr. Khalid Mahmood Mughal, Advocate, learned counsel appearing on behalf of the State has opposed the instant Criminal Miscellaneous for suspension of sentence on statutory ground on the ground that the earlier petition moved by the petitioner had been dismissed by this Court on merits vide order, dated 20-10-1996 and that the petition for suspension of sentence having been so dismissed on merits, the present petition did not lie and merited out right dismissal.

5. I have considered and evaluated the submissions of the learned counsel for the parties. True it is, that the earlier petition moved by the petitioner for suspension of the sentence had been dismissed by this Court vide its order, dated 20-10-1996 on merits. However, the present petition seeking suspension of the A sentence has been moved on statutory ground and the earlier dismissal of the petition made for a similar relief could not stand in the way of this Court Reliance for this view is placed on judgment reported as Liaqat and another v. The State 1995 SCMR 1819. The only point urged in support of the present petition for suspension of sentence is the statutory ground contemplated by section 426.(1-A)(c), Cr.P.C. which is to the effect that an Appellate Court shall, unless for reasons to be recorded in writing it otherwise directs, order a convicted person to be released on bail who has been sentenced to imprisonment for life or imprisonment exceeding seven years and whose appeal has not been decided. within a period of two years of his conviction. In this view of the provisions of the Criminal Procedure Code what has to be seen is only the fact as to whether the statutory period prescribed by this provision of the Code has or has not elapsed since the filing of the appeal against conviction. Now in this case conviction was recorded on 21-6-1995 and the present petition was filed on 26-6-1997 i.e. after the expire of two years. With a view to examining as to whether the appeal filed by the petitioner against his conviction was likely to be fixed for hearing in the near future, I had sent for a report from the office. The said report has been received and states that according to the routine, the appeals filed in the year 1994 were being fixed for hearing and that the petitioner's appeal was filed in 1995. The report, thus, made by the office indicates that the appeal of the petitioned notwithstanding the expiry of the statutory period of two years is not likely to be fixed for hearing in the near future. I am, in this view of the situation, inclined to accept the petition moved by the petitioner on the statutory ground. The same is accordingly accepted. The sentence of the petitioner is suspended and he is allowed to be released on bail provided he furnishes a bail bond in the sum of Rs.2 lacs with two sureties in the like amount to the satisfaction of the learned trial Court. N.H.Q./N-64/L??????????????????????????????????????????????????????????????????????????????????? Sentence suspended.