INAYAT Versus THE STATE

ORDER

Zahoor Ahmad petitioner who has been convicted under section 307, P. P. C. by judgment dated 10th July 1974, and sentenced to five years' R. 1. and a fine of Rs. 1,000, has moved this petition for' the suspension of sentence.

2. The learned counsel for the petitioner contends that the petitioner has served out major portion of his sentence, therefore, in view of the provision of clause (b) of subsection (1-A) of section 426, Cr. P. C. he is entitled to the concession of bail. Clause (b) of subsection (1-A) provides that a person who has been sentenced to imprisonment for a period exceeding three years but not exceeding seven years and whose appeal, has not been decided within period of one year of his conviction shall be released on bail. The learned State Counsel does not oppose this petition. The petitioner was sentenced to five years' R. I. and he has already served out about three years' R. I. Consequently, I admit him to bail-in the sum of Rs. 10,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Jhang.

S. A. H. Bail granted.