' SARDAR MUHAMMAD ASLAM, J.---This is an application under section 426, Cr.P.C. For suspension of sentence awarded vide judgment, dated 30-11-2004 passed by the learned Additional Sessions Judge, Okara, whereby he convicted the petitioner Naseer Ahmad under sections 337-L(ii)/ 337- F(i)/337-A(i), P.P.C. And had sentenced him to imprisonment for one year each on each count and to pay Daman of Rs,3,000 each on each count, in default whereof he was to undergo further S.I. For one month each on each count. Similarly, he was also convicted under section 337-F(v), P.P.C. And sentenced to five years' R.I. And Daman of Rs,10,000 and in default whereof he was to further undergo S.I. For three months.
2. Learned counsel for the petitioner contends that initially the petitioner was found innocent and discharge report was submitted on 14-10-2003. Consequently, he was discharged from the case on 21-10-2003, but during the trial the Court summoned him.
3. On the other hand, learned counsel for the State has opposed the prayer for suspension of sentence and release him on bail.
4. The petitioner was once discharged from the case but thereafter the Court summoned him. This aspect of the case has to be examined at the time of appeal. Resultantly, ' this application is allowed, sentence is suspended and petitioner is 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 the learned trial Court.