ORDER The petitioner has filed the instant Constitutional petition under Article 199 of the Islamic Republic of Pakistan for the suspension of sentence imposed upon him on 9-3-2009 by the learned District and Sessions Judge/Judge, Anti-Terrorism Court, Faisalabad.
2. Precisely, it has been argued that the petitioner is a lifer in this case, more than two years have been passed after the judgment but the appeal of the petitioner has not been decided as yet.
3. Heard. Record perused.
4. The ground of delay is not available to the petitioner because he has been convicted and sentenced by the learned Anti-Terrorism Court. In the amendment under section 426, Cr.P.C.
Exclusionary clause has been made with respect to certain cases and the same is as follows:--
(a) -------------------- to imprisonment for a period not exceeding three years and whose appeal has not been decided within a period of six months of his conviction.
(b) -------------------- to imprisonment for a period exceeding three years but not exceeding seven years and whose appeal has not been decided within a period of one year of his conviction; or
(c) --------------- to imprisonment of life or imprisonment exceeding seven years and whose appeal has not been decided within a period of two years of his conviction. ---------- Provided that the provisions of the foregoing paragraphs shall not apply to a previously convicted offender for an offence punishable with death or imprisonment for life or to a person who in the opinion of the Appellate Court, is a hardened desperate or dangerous criminal or is accused of an act of terrorism punishable with death or imprisonment for life".
5. No ground exists. Hence, this petition is dismissed..