' Manzoor Ahmad applicant/appellant was booked at Police Station Saddar, Arifwala, District Sahiwal (at present District Pakpattan Sharif) along with the six co-accused in Crime Case No,192/93. After the submission of the challan in terms of section 173, Cr.P.C, the appellant/applicant along with the six co-accused was charged under sections 302, 452, 148/149, P.P.C. After full-fledged trial Manzoor Ahmad applicant was convicted and sentenced on 23-2-1994 to life imprisonment under section 302(b), P.P.C. Who was also convicted and sentenced to undergo R.I for a period of two years and to fine of Rs,5,000 or in default of its payment to further undergo R.I for a period of six months under section 452, P.P.C. Both the sentences have to run concurrently. His co-accused were acquitted. Feeling aggrieved he filed his Appeal No,40 on 7-3- 1994. Through the making of this petition he is desirous for the suspension of the sentence in terms of section 426(1-A)(c), Code of Criminal Procedure.
2. I have heard the learned counsel for Manzoor Ahmad petitioner/appellant as well as learned State Counsel and gone through the record before me. I am the author of the judgment printed as Muhammad Zahid v. The State PLJ 1996 Criminal Cases Lahore 93 (Multan Bench) according to which a convict sentenced to life imprisonment whose detention period has exceeded two years and the appeal has not been disposed of has been held entitled for the suspension of sentence and his admission to bail. I have relied on the dictum enunciated in Barkat Hussain v. The State 1995 SCM R 1109 while writing the aforesaid judgment which is applicable to the facts of the instant matter. I have to express that while disposing of an application under section 426(1-A)(c), Cr.P.0 the merits have not to be considered and the period of two years mentioned in the statute has to be given the weight on the basis of which a valuable right is acquired by an appellant whose continuous period of detention after his conviction has exceeded two years and whose appeal has not been disposed of by the Court. The fact of the matter is that till today the appeal preferred by this appellant has not been fixed for hearing and obviously the same has not been disposed of. In view of the aforesaid projection of the factual and legal aspects, I hold that Manzoor Ahmad petitioner/appellant has scored the legal point and is entitled to derive the legal benefit thereof.
Thus this petition merits to be accepted for the purposes of the suspension of sentence awarded to Manzoor Ahmad petitioner/appellant and his admission to bail.
3. I, therefore, accept this application, suspend the sentence awarded to Manzoor Ahmad appellant-convict and admit him to bail in the sum of Rs,1,00,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of the learned Additional Sessions Judge, Arifwala (at present District Pakpattan Sharif). After the attestation of bail bond etc. The learned Additional Session Judge, Arifwala shall send all the relevant papers to the Deputy Registrar of this Court for addition to this file.
4. Copy Dasti subject to payment of usual charges, if any.