1. ' This is an application under section 426, Cr.P.C., for suspension of the sentence of the appellant Shah Hussain who has been convicted and sentenced to undergo R.I. For 5 years and to pay compensation of Rs,50,000 to the legal heirs of the deceased for an offence under section 320, Qisas and Diyat Ordinance and section 304-A, P.P.C. By a Court of III-Additional Sessions Judge, Karachi East. The appeal against this conviction and sentence has been admitted. The learned counsel for the appellant has requested for suspending of the sentence of the appellant and granting him bail till the decision of the appeal. The contention of Mr. Taza 011 Khattak is that offence for which the appellant has been convicted is bailable and therefore, the provisions of section 496, Cr.P.0 are attracted and even after conviction according to him, the appellant is entitled to be released on bail as a matter of right. He relied on the cases Mian Mahmud Ali Qasuri and others v. The State, reported in PLD 1963 SC 478 and Hata and others v. The State, reported in PLD 1967 Lahore 1302. In these cases the principle has been laid down that the convicted appellants of bailable offences after filing of the appeal against the conviction are entitled to bail as a matter of right. Mr. S. Amjad Ali Shah, learned counsel appearing for the State, concedes to this position and has no objection to grant of bail to the appellant till the decision of the appeal.
2. I have considered the arguments of the learned counsel for the parties. The appellant is a Mini Bus driver and this is a case of a fatal accident. The trial has taken place for offence under section 320, Qisas and Diyat Ordinance (304-A, P.P.C.). The offence is bailable and therefore, the appellant is entitled to be released on bail after admission of his appeal as a matter of right. It is, therefore, ordered that the sentence of the appellant be suspended and he is allowed to be released on furnishing surety in the sum of Rs,1,00,000 (One lac) to the satisfaction of the Nazir of this Court.