SHAMEER Versus STATE

ORDER

This is an application for suspension of sentence seeking the benefit of section 426(1-A)(c), Cr.P.C. The petitioner was convicted under section 304, Part II, P.P.C. and was awarded sentence of 10 years' R.I. with fine of Rs.5,000 and in default of payment of fine to undergo R.I. for six months, by the learned Additional Sessions Judge, Vehari vide judgment, dated 29-4-1991.

2. The learned counsel for the petitioner contends that even if the findings of the learned trial Court are maintained, the sentence is too excessive and that the petitioner is behind the bar for the last about 4 years, however, a period of more than two years has passed since his conviction.

3. The learned A.A.-G. opposed the bail on the ground that delay in disposal of appeal alone cannot be pressed for suspension of sentence as of right.

4. The petitioner is in jail as convict since 29-4-1991 and despite expiry of statutory period, his appeal is pending for decision. The delay in disposal of his appeal is not attributable to him. Without going into the merits of the case, the sentence of the petitioner is suspended and he is directed to be released on bail subject to his furnishing bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Vehari.

N.H.Q./S-401/L Sentence suspended.