2002 PLP 1040 (MLD)

S.426

Penal Code (XLV of 1860), Ss.337-L(2) & 149

Suspension of sentence pending appeal

Sentences of imprisonment passed against accused were relatively short and their right of appeal was likely to be frustrated in case they would undergo a substantial part of their sentences of imprisonment before their appeal could be heard by Court

Both accused had already spent about six months in jail after their conviction by Trial Court and about a year prior to their conviction

Sentences of imprisonment passed against accused by Trial Court were suspended and they were admitted to bail. Altaf Ibrahim Qureshi for Petitioners. Abdul Hameed Khokhar for the State. Date of hearing: 25th June, 2001. Muhammad Mansha and Rab Nawaz petitioners-appellants were convicted for an offence under section 337-L(2), P.P.C. vide judgment, dated 23-10-2000 rendered by the learned Additional Sessions Judge, Burewala, District Vehari and were sentenced to rigorous imprisonment for two years each and to pay a fine of Rs.10,000 each and in default of payment thereof to undergo simple imprisonment for a period of two months each through the same judgment the petitioners/appellants were also convicted for an offence under section 149, P.P.C. and were sentenced to rigorous imprisonment for three years each. The benefit under section 382-B, Cr.P.C. was extended to the petitioners-appellants. The petitioners-appellants have challenged their convictions and sentences before this Court through Criminal Appeal No.513 of 2000 which has already been admitted to regular hearing and is pending adjudication. Through the present miscellaneous petition the Petitioners-appellants have sought suspension of their sentences of imprisonment during the pendency of their appeal and their admission to bail.

2. After hearing the learned counsel for the parties and going through the impugned judgment passed by the learned trial Court it has been felt that the sentences of imprisonment passed against the petitioners-appellants are relatively short and their right of appeal is likely to be frustrated in case they undergo a substantial part of their sentences of imprisonment before their appeal can be heard by this I, Court. Both the petitioners-appellants have already spent about six months in jail after their conviction by the learned trial Court and according to the learned counsel for the petitioners-appellants they had spent about a year in jail prior to their conviction. In these circumstances this petition is allowed, the sentences of imprisonment passed against the petitioners-appellants by the learned trial Court are suspended and the petitioners-appellants are admitted to bail subject to furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand only) each with one surety each in the like amount to the satisfaction of the learned trial Court. H.B.T./M-1005/L??????????????????????????????????????????????????????????????????????????????? Sentence suspended.