' Ahmad one of the appellants has prayed for suspension of order of sentence passed against him on the ground of infirmity as it is stated by him that he is 83 years old. A perusal of the judgment passed by the learned trial Magistrate shows that Ahmad appellant has been mentioned as an old man which also finds support from the identification card wherein his date of birth is shown in the year 1897. Learned counsel for the State has opposed the petitioner's prayer for suspension of order of sentence on the ground that period of one year has not elapsed after his conviction and that old age is not one of the grounds on which bail can be allowed by a Court under section 497, Cr.P.C.
2. I have considered the arguments of the learned counsel for the State.
' There is no legal bar for a convict to apply for suspension of order of sentence even if the period specified under section 425(1-A), Cr.P.C. Has not expired '-lis right to move the Court for suspension of order of sentence is provided in subsection (1) of section 426 and it is not affected by subsection (1-A) of the said section. Although old age by itself is not a ground to allow bail, yet if the, accused's age is such that he may be considered as an infirm person he is entitled to the concession of bail.
In the present case Ahmad petitioner is about 83 years old and as such he is to be considered an infirm person unless it can be she otherwise.
3. For the foregoing reasons I allow the prayer of Ahmad petitioner and suspend the order of sentence passed against him provided he furnishes bail bond in the sum of Rs,20,000 with two sureties in the like amount to the satisfaction of A.C./Duty Magistrate, Pakpattan.