2015 PLP 764 (YLR)

ABDUL RASOOL MEMON, J.

The appellant has invoked the extra-ordinary jurisdiction of this court to seek suspension of sentence of R.I. for 05 years with fine of Rs.10,000 awarded to him in Crime No.346/2011 under sections 385, 386, 506-B, 34/P.P.C. read with sections 7 and 6(k) of Anti-Terrorism Act, 1997 on 6-10-2012.

2. Learned counsel for the appellant has contended that the petitioner is in custody since from the date of arrest viz. 20-9-2011 and he is behind the bars for more than two years and under the Anti-Terrorism Act 1997 the appeal is to be decided within 7 working days under section 25(2) but due to backlog in appeals in High Court the there is no possibility of conclusion of appeal in near future. The appellant has served more than two years sentence awarded to him therefore, at the most three years leaving the balance thereof. In support of his contention he has placed reliance on the cases of Zulfiqar Ali v. The State (1994 SCMR 548), Allah Din and others v. Special Judge, Anti-Terrorism Court No.1, Lahore and others (PLD 2008 Lahore 74), Nadeem Umar v. The State (1999 PCr.LJ 606) and Rizwan and another v. Federation of Pakistan through Secretary Ministry and 2 others (2013 YLR 520).

3. Conversely, learned D.P.G. has opposed, stated that this Court has no jurisdiction to grant bail in writ petition as under the Anti-Terrorism Act under section 25(8) there is complete embargo on grant of bail during the pendency of appeal.

4. It is an admitted position on record that the appellant is in Jail since 20-9-2011 and he has been awarded sentence of 5 years and fine of Rs.10,

000. Now out of 5 years he has to serve out about three years more which is held as shorter sentence in a case reported as Zulfiqar Ali v. The State supra. In similar circumstances in the case triable by court of A.T.A. sentence was suspended by a Division Bench of this court in the case of Rizwan and others v. Federation of Pakistan supra when out of 05 years one year was served by the said appellant and same view was also taken in the case of Allah Din supra. The objection of learned D.P.G. that there is embargo of section 25(8) of ATA Act was considered by a Division Bench of this court in the case of Rizwan and others supra wherein it is held that the High Court could suspend the sentence and grant bail during pendency of appeal under constitutional (writ) jurisdiction in cases of Anti-Terrorism Act, 1997. Under the law this appeal is to be decided within 07 days and more than two years have been passed and we don't know how much more time is required to hear it and dispose of in view of the tremendously heavy backlog of such appeals filed earlier than the present one before this court. The appellant remained in Jail throughout this period ever since his arrest. In the circumstances, we treat this case as one of the hardship and suspend the sentence and admit the appellant Javed son of Abdul Rehman to bail upon furnishing solvent surety in the sum of Rs.100,000 (Rupees one lac. only) and P.R. bond in the like amount to the satisfaction of the Nazir of this Court. MH/J-14/K Bail allowed.