This is an application for the suspension of sentence of the appellant, who vide judgment dated 29-1-1987 delivered by an Additional Sessions Judge, Kasur, was convicted under section 304 Part 1 P.P.C. And sentenced to ten years R.I. For committing culpable homicide not amounting to murder of Umar Hayat. The previous two similar applications of the petitioner were rejected, first by Mr. Justice Mazhar-ul-Haq and second by Mr. Justice Shaikh Muhammad Asadullah. Both of them have retired. Those applications were dismissed on merits. This application has been made on the ground of lapse of maximum statutory period of detention of the appellant.
2. The application has been opposed on behalf of the State on the ground that two earlier applications of similar nature were rejected by this Court and if the appellant is very keen; the appeal itself may be fixed and disposed of and in fact an order for its early disposal had already been made on 15-3-1988.
3. The two previous bail applications for the suspension of sentence of the petitioner were rejected by the learned Judges who are no more in office now. The perusal of the interim'-order, dated 15-3- 1988, indicates that the learned Judge was pleased to direct for the early hearing of this appeal but it has not yet been fixed for final hearing despite that order and obviously it cannot be disposed of during vacations, as it is not an urgent matter. The appellant/petitioner completed maximum statutory period of his detention on 29-1-1989 and his appeal is still pending. In view of the provisions of section 426(1-A) clause (c) Cr.P.C. The petitioner is entitled to release on bail.
Therefore, his sentence is suspended and he is granted bail if he furnishes bail bond in the sum of Rs.30,000 with one surety in the like amount to the satisfaction of the Assistant Commissioner, Kasur.