MUHAMMAD ASLAM and another vs THE STATE

This matter concerns an application for the suspension of sentence and grant of bail pending the disposal of an appeal. The petitioner was convicted on February 12, 1996, and filed an appeal on February 18, 1996, resulting in a delay of over three years and six months without the appeal being decided. The core legal question was whether the petitioner was entitled to the suspension of his sentence and release on bail solely on the ground of statutory delay in the disposal of his appeal, where the state failed to show that the delay was attributable to the appellant. The Lahore High Court held that since the delay was not caused by the appellant and a substantial period of over three and a half years had elapsed, the sentence should be suspended. The Court laid down the principle that an appellant is entitled to the suspension of sentence and bail when there is an inordinate delay in the disposal of their appeal, provided the delay is not attributable to the conduct of the appellant.