SAAD SAOOD JAN, J.---The petitioners were convicted by the Additional Sessions Judge, Narowal, of offences under sections 302 and 307, read with sections 149 and 148, Pakistan Penal Code. For the offence under section 302, they were sentenced to suffer life imprisonment; in respect of the other offences they were awarded different sentences of imprisonment. They preferred a joint appeal against their convictions and sentences in the High Court. The appeal has not yet been disposed of for reason, presumably, that a part of the record has been misplaced.
2. The petitioners were convicted on 9-8-1987. As the appeal remained undisposed of for a period of more than two years they filed an application before the High Court for suspension of the sentences. The learned Single Judge rejected their application in this regard with the observation: "* * * Yet in the circumstances of the case, 1 do not consider it proper to enlarge them on bail on that ground alone."
In support of this petition it is stated that under section 426(1A)(c), Criminal Procedure Code, a convicted person who has been sentenced to imprisonment for life is entitled to be released on bail if his appeal is not decided within two years of his conviction, unless for reason to be recorded the Court otherwise denies. It is contended that the High Court has not given any good reason for denying the benefit of the said provision to the petitioners.
3. We find merit in the contention of the petitioners. Merely stating that it is not a proper case for enlarging the petitioners on bail can hardly constitute a good reason justifying for withholding a benefit which the Code of Criminal Procedure has expressly given to them. The learned Additional Advocate-General has not been able to point out any reason why the petitioners should not be released on bail. We would accordingly convert this petition into appeal and direct that the petitioners be released on bail on executing bonds in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Narowal.