IJAZ AHMAD CHAUDHRY, J. - Criminal Miscellaneous No. 1 of 2010. Through this miscellaneous /petition under Section 426, Cr.P.C. The petitioner has sought suspension of his sentence and release on bail during the pendency of main appeal.
2. The learned counsel for the petitioner contends that the prosecution evidence was not relied by the learned Trial Court but the conviction of the petitioner was based upon his confessional statement. It was the deceased who has provoked the petitioner to commit his murder as he stated that he is committing Zina with the sister of the petitioner who is Baygherat. The petitioner is behind the bars for the last about five years and there is no likelihood of hearing of his main appeal in near future. On the other hand the learned Deputy Prosecutor General assisted by the learned counsel for the complainant contends that it is the petitioner who has made confessional statement and, thus, he has confessed his guilt. His presence and committing murder is not denied thus, he is not entitled to be enlarged on bail.
3. After hearing the learned counsel for the parties and going through the record it has been noticed by me the petitioner has been convicted and sentenced by the learned Trial Court because he has confessed his guilt. The submissions made by the learned counsel for the petitioner shall be appreciated at the time of hearing of main appeal. The delay of five years has not found by me to unusual or unconscionable so as to admit the petitioner to bail. This petition is, therefore, dismissed. However, the Office is directed to fix the main appeal of the petitioner in the first quarter of 2011.