MUHAMMAD YOUNIS Versus SPLENDOURS INTERNATIONAL (REGD.)

ORDER

1. SH. IJAZ NISAR, J.‑‑ ‑ Tahir Hussain Shah son of Muhammad Aslam Shah was convicted under section 302/34, P.P.C. and sentenced to imprisonment for life plus a fine of Rs.20,000 (Rupees twenty thousand) or in default to suffer R.I. for three years by the learned Additional Sessions Judge, Faisalabad, on 9‑6‑1991. He was also ordered to pay a sum of Rs.20,000 as compensation to the legal heirs of Muhammad Azhar deceased or in default thereof it was directed that the convict shall further undergo six months' R.I. Under section 392/34, P.P.C. the petitioner was also convicted and sentenced to seven years' R.I. and a fine of Rs.20,000 or in default thereof to suffer further R.I. for 1 year vide the same judgment. The petitioner (convict) has challenged his conviction and sentence by filing Criminal Appeal No.801 of 1991 before this Court. Alongwith the appeal, the petitioner has also moved an application under section 426(1‑A)(c), Cr.P.C. for suspension of his sentence on statutory ground. The petitioner challenged his conviction and sentence dated 9‑6‑1991 before this Court on 17‑7‑1991. It is contended by the learned counsel that the statutory period of two years has come to an end and that his appeal has not. yet been heard and decided. Learned counsel has, therefore, prayed for the suspension of the sentence of the petitioner. He relies upon Muhammad Yaqub etc. v. The State 1991 S C M R 1459 in support of his contention. None has appeared on behalf of the State to contest this application. After hearing the learned counsel for the petitioner and reading the necessary record, we are inclined to suspend the sentence of the petitioner on statutory ground inasmuch as his appeal is pending adjudication before this Court since 17‑7‑1991. The petitioner has, accordingly, earned his right to be released on bail. Respectfully following the judgment of the Honourable Supreme Court, the sentence of the petitioner is hereby suspended provided he furnishes bail bond in the sum of Rs.1,00,000 (Rupees one lac) with two sureties each in the like amount to the satisfaction of the learned A.C./Duty Magistrate, Faisalabad. The miscellaneous application stands disposed of.

2. N.H.Q./T‑63/L Sentence suspended.