Muhammad Bashir and Muhammad Amir sons of Muhammad Hassan were convicted and sentenced by the learned Additional Sessions Judge, Mianwali, on 16-5-1990. Muhammad Bashir was sentenced to imprisonment for life plus a fine of Rs.20,000 or in default thereof to suffer further R.I. For two years under section 302/34, P.P.C. Similarly, Muhammad Amir was sentenced to imprisonment for, life plus a fine of Rs.5,000 or in default thereof to undergo further one year's imprisonment. The petitioners challenged their conviction and sentences by filing Criminal Appeal No.295 of 1990 before this Court on 24-5-1990.
2. This petition has been moved under section 426(1-A)(C), Cr.P.C. For suspension of their sentences on statutory ground. It is argued by the learned counsel that the petitioners are in jail for the last more than two years and their appeal was not decided within the statutory period and as such they have earned a right for suspension of their sentences. Reliance in that behalf has been placed by the learned counsel on the rule laid down in Muhammad Yaqub v. State 1991 SCMR 1459. The learned State counsel does not oppose the petition for suspension of sentence. In the circumstances, respectfully following the judgment of the Honourable Supreme Court, referred to above, sentences of the petitioners are suspended provided they furnish bail bond in the sum of Rs.50,000 (Rupees Fifty thousand) each with two sureties each in the like amount to the satisfaction of the A.C./Duty Magistrate, Mianwali Office is directed to fix the main appeal for hearing before the year 1992 is out.
N.H.Q./M-452/L