2007 PLP 208 (YLR)

IJAZ AHMAD CHAUDHRY, J.--Amjad Ali Khan petitioner was an accused in A.C. Reference No.6 of 2004 and vide judgment dated 5-12-2005 passed by the learned Judge, Accountability Court No.2, Lahore, he was convicted under clauses IV and VI of section 9(a) read with section 10 and para.VII of the schedule of the National Accountability Ordinance, 1999 and sentenced to five years' R.I. with a fine of Rs.26 lac or in default of payment thereof to further undergo two years' R.I. The benefit of section 382-B, Cr.P.C. was also extended to the petitioner. The petitioner has already filed an appeal against the aforesaid conviction and sentence before this Court. and through the instant writ petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, he has sought suspension of the sentence on the ground that he has already undergone substantial portion thereof.

2. The learned counsel for the petitioner has contended that the petitioner was arrested on 20-10-2003 and since then he is continuously behind the bars; that the petitioner has already undergone more than half of the sentence, but there is no likelihood of the hearing of the main appeal in the near future; that the petitioner has very good case on merits and if he is not released on bail, there is possibility that he would undergo the whole sentence till the time the main appeal is fixed for final hearing. Relies upon 2004 SCMR 660 and 2006 SCMR 1225 wherein the sentences of the accused were suspended in the similar circumstances.

3. The learned counsel appearing on behalf of NAB has vehemently opposed this petition on the ground that deeper merits cannot be looked into at this stage; that the petitioner was the main accused and he is not entitled to the concession of bail merely on the ground of delay in the disposal of the appeal as he has been convicted and sentenced by the Court of competent jurisdiction.

4. We have heard the learned counsel for the parties and perused the documents attached with this petition. It is not denied that the petitioner was arrested on 20-10-2003 and since then he is continuously behind the bars. As such the petitioner has already undergone more than half of the sentence awarded to him by the A learned Accountability Court detailed above. The petitioner filed Criminal Appeal No.2057 of 2005 which has been admitted for regular hearing by this Court vide orders dated 8-3-2006 but for the time being there is no likelihood of the early hearing of the said appeal on merits due to the present roster. In the cited cases the Honourable Supreme Court has already suspended the sentences of the accused in the similar circumstances, The petitioner is also entitled to the same treatment.

5. Resultantly, without touching upon the merits of the case this writ petition is accepted the sentence awarded to the petitioner in A.C. Reference No.6 of 2004 A vide judgment dated 5-12-2005 passed by the learned. Judge Accountability Court No.2 Lahore is suspended till the final disposal of Criminal Appeal No.2057 of 2005 and he shall be released on bail subject to furnishing bail bond in the sum of Rs. One Million with one surety in the like amount to the satisfaction of the Deputy Registrar (Judl.) of this Court. H.B.T./A-206/L?????????????????????????????????????????????????????????????????????? Sentence suspended.