BASARA Versus THE STATE

ORDER

MUHAMMAD MUNIR KHAN, J. ‑‑This is an application by Basara, Sajwara, Imdad and Ali Muhammad petitioners for the suspension of the execution of their sentence. They were convicted by Additional Sessions Judge, Sahiwal under various sections of Pakistan Penal Code on 29‑2‑1984 and sentenced as under:‑

Under section 148, P. P. C. to two years' R.I. each.

Under section 323/149, P. P. C. to one year's R.I. each.

Under section 302/149, P.P.C. to imprisonment for life and a fine of Rs.2,000 each in default thereof further R.I. for 2 years.

2. Learned counsel for the petitioners submitted that although two years have passed yet the appeal of the petitioners has not been decided. Learned counsel for the State has not been able to controvert him.

3. We have considered the submissions made by the learned counsel for the parties with care. We find that the petitioners were convicted on 29‑2‑1984; that the appeal was actually heard on 10‑3‑1986; that in dealing with the appeal, we thought that additional evidence was necessary, so we transmitted the file to the Court of Sessions, Sahiwal for recording additional evidence. The learned Sessions Judge was directed to certify the evidence taken by him to this Court within two months. The Office report shows that the additional evidence has not been recorded so far because Abdul Hameed co‑accused who had been sentenced to death could not be brought in the Court and his evidence has to be recorded in jail with prior permission of the Home Department. The learned Sessions Judge has written letter in this respect which has been forwarded to the Home Secretary for necessary permission. In these circumstances, we feel that there is no likelihood of the disposal of the appeal at an early date. The execution of the sentence is, therefore, suspended and the petitioners are allowed bail in the sum of Rs.20,000 with two sureties each in the like amount to the satisfaction of A . C . /Duty Magistrate, Sahiwal.

M.Y.H./B‑65/L Bail allowed.