' KHALIL-UR-REHMAN RAMDAY, J--- The petitioner who is stated to be a complainant in a murder case in which his son and his nephew had been murdered was found in possession of illicit arms i.e, one kalashnikov, one .12 bore double barrel gun and one .30 bore pistol. Pursuant to his trial, he was convicted under section 7(b) and (c) of the Surrender of Illicit Arms Act of 1991 and was punished with 10 years' R.I. He is now before the High Court impugning the said conviction and punishment recorded against him. Criminal Appeal No,1675 of 2004 filed by him for the purpose is still pending adjudication. The petition before the said learned Court under section 426, Cr.P.C.
Seeking suspension of the said sentences imposed upon him was dismissed through an order, dated 11-1-2005. Hence this petition.
2. Relying upon 1994 PCr.LJ 1446 and 2002 YLR 12, the learned Advocate Supreme Court for the petitioner submits that no notification as envisaged by section 4 of the said Act of 1991 had ever been issued, that the said Act was a one time legislation under which persons allegedly possessed of illicit arms after the notified date, if at all a notification was issued, could not be said to have committed an offence under the said Act and could be prosecuted only under the West Pakistan Arms Ordinance of 1965 and that under the circumstances, petitioners' conviction under the said Act of 1991 was a conviction which was void and which could not be sustained. It is added that the petitioner had been in custody for over an year.
3. The learned Advocate Supreme Court appearing for the State opposed this petition and has been heard in defence of the impugned order.
4. Since the above-mentioned appeal filed by the present petitioner is still pending disposal with the learned High Court, therefore, we consider it inappropriate to give our findings on the above noticed questions raised on behalf of the petitioner lest the same may prejudice the fate of the said petition. Suffice it, however, to say that the petitioner had made out a case which warranted suspension of the sentences awarded to him. Consequently, this petition is converted into an appeal which is allowed as a result whereof the sentences awarded to the petitioner are suspended during the pendency of the above-mentioned appeal before the learned High Court and he is directed to be released on bail subject to his furnishing security in the sum of Rs,2,00,000 with two sureties each in the like amount, to the satisfaction of the learned trial Court.