This is a petition for suspension of sentence of Ghulam Haider alias Iqbal, petitioner, who has been sentenced to imprisonment for life under section 302, P.P.C. For having caused death of Rubnawaz by giving hatchet blow on his head vide judgment, dated 9- 1-1985 passed by Sessions Judge, Layyah. Main ground urged on behalf of the petitioner is that despite the expiry of statutory period of two years his appeal has not been disposed of.
2. According to the learned trial Court, the complainant party wanted to occupy the land in dispute and for that matter brought its tractor there and the accused party (including the petitioner) defended their possession and during the conflict which ensued the deceased suffered the fatal blow at the hands of the appellant/petitioner. The petitioner pleaded right of private defence of person in the lower Court. It is noteworthy that although the learned trial Court held this case to be one of free fight in the meaning of the dictum laid down in Syed Ali Bepari's case PLD 1962 SC 502 yet he convicted the petitioner under section 302, P.P.C. Instead of 304, P.P.C.
3. I am told that this appeal was fixed twice for Pacca hearing but was left over. The Deputy Registrar states that the appeal is not likely to be fixed for final hearing in the near future. In the circumstances, I find that the petitioner has made out a good case for suspension of his sentence.
This petition is, therefore, allowed. Ghulam Haider alias Iqbal, petitioner, be released on bail subject to his furnishing bail bonds in the sum of Rupees fifty thousand (Rs.50,000 only) with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, Layyah during pendency of his appeal.