1. ORDER GHULAM SARWAR KORAI, J. This application has been filed for suspension of sentence and release of the appellant on bail on the ground of hardship.
2. Appellant was convicted by the Court of 1st Additional Sessions Judge, Sanghar, vide impugned Judgment dated 12-9-2006 for offence punishable under section 302, P.P.C. To suffer R.I. For life and to pay fine of Rs.100,000. In case of default whereof to suffer R.I. For two years more. Learned counsel for the appellant submits the appellant is behind the bars since 9-1-2004 and he has not been released even during pendency of the case. Learned counsel further submits that the Appeal was filed by the appellant on.26-9-2006 and was admitted for regular hearing on 12-10-2006 but could not be heard for want of time and there is no likelihood that the Appeal be heard in near future.
3. Mr. Muhammad Iqbal Kalhoro, A.P.-G. Appearing for the State has opposed this application on the ground that the appellant is involved in murder case, therefore, he is not entitled for suspension of sentence and release on bail.
4. The Appeal has not been proceeded since last more than five years without any fault on the part of the appellant who is behind the bars since 9-1-2004, therefore, this application for suspension of sentence is allowed. The sentence awarded to the appellant is suspended and he shall be released on bail upon furnishing solvent surety in the sum of Rs. 300,000 (Three Hundred Thousand) each