1997 PLP 1224 (MLD)

‑‑S. 426(1‑A)(c)‑‑‑Penal Code (XLV of 1860), S.302‑‑‑Suspension of sentence‑‑‑After the lapse of the statutory period of two years office was directed to fix the main appeal within three months, but it was not so fixed for hearing‑‑ Period of conviction of accused had exceeded three years‑‑‑Accused, thus, had carried a valuable right for suspension of his sentence which was suspended and in consequence he was admitted to bail. Altaf Hussain Shah v. The State 1994 SCMR 480 rel. Sardar Ahmad Khan for Petitioner. Ch. Abdul Nabi for the State. The petitioner has been convicted and sentenced to late imprisonment and a fine of Rs.20,000 in default of payment of fine to further undergo for a period of 2 years by an Additional Sessions Judge vide judgment dated 7‑6‑1992 under section 302, P.P.C. He preferred the appeal on 27‑6‑1992 which stands admitted. Through the making of this petition under section 426 (1‑A)(c), Cr.P.C. the petitioner is desirous for the suspension of hip sentence on the ground that his appeal has not been decided within a period of two years of his conviction. This petition has been resisted by the learned counsel for the State.

2. I have heard the learned counsel for the petitioner as well as the learned counsel for the State and gone through the record before me. Relying on the ruling published as Altaf Hussain Shah v. The State (1994 SCMR 480) (Supreme Court of Pakistan), learned counsel for the petitioner has argued that the petitioner is entitled to be admitted to bail after the suspension of the sentence as his application of the same nature was disposed of on 17‑10‑1994 by this Court when a direction was issued to the office to fix the main appeal for hearing within three months and that the said order has not been complied with. Learned counsel for the State has not been able to produce any ruling of the Supreme Court of Pakistan enunciating a different dictum. A perusal of the aforesaid case‑law has made out that the same is applicable to the instant matter. This petitioner was convicted on 7‑6‑1992 and the period of his conviction has exceeded three years. The office was directed on 17‑10‑1994 i.e. after the lapse of a period of two years to fix the main appeal within three months. However, the appeal preferred by the petitioner‑appellant has not been fixed. My view is that Shabbir Ahmad alias Rasoola petitioner has earned a valuable right on the basis of the statutory ground and the aforesaid circumstance for his admission to bail through the suspension of his sentence as desired by him. Hence this application merits to be accepted.

3. I, therefore, accept this application, suspend the sentence awarded to Shabbir Ahmad alias Rasoola petitioner‑convict‑appellant and admit him to bail in the sum of Rs.l lac (rupees one lac only) with one surety in the like amount to the satisfaction of the Sessions Judge, Rahimyar Khan who after attestation of the bail bond etc. shall send the same to the Deputy Registrar of this Bench for adding the same to this file. N . H. Q. /S‑446/L Sentence suspended.