1. M.A. No,701 OF 1995 ' Mr. Shoukat Hussain Zubedi, learned counsel for the applicant, has contended that the appeal has already been admitted and further that the appellant may be released by exercising powers under section 426(1), Cr.P.C., which is as under:-- "426.---(1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail on his own bond."
2. ' Learned counsel for the appellant has referred an authority of the Honorable Supreme Court case of Ali Haider v. The State reported in 1981 SCM R 629. The Honorable Supreme Court has held as under:- "Notice was issued to the State. We have heard the learned counsel for the appellant as well as the learned State Counsel. The appellant's counsel submitted that out of the three witnesses in the case, one namely, Abdur Rashid has stated that Ali Haider was not even present at the spot, while the other two have stated that he was present but have not attributed any role to him. He submitted that on this state of evidence the appeal qua him is likely to succeed. There is force in this contention. We, therefore, convert this petition into appeal and accept the same, and grant bail to the appellant in the sum of Rupees twenty thousand and two sureties in the like amount to the satisfaction of A.C., Pasrur."
3. ' Mr. Shoukat Hussain Zubedi has contended that in this case the prosecution has examined Mujahid Abbas Butt, complainant as P.W.1, Exh.4 and the complainant has not implicated the appellant. He has drawn my attention to the evidence, recorded by the trial Court. Relevant portion of the examination-in-chief is as under:-- "He further deposed that he cannot identify whether accused present in Court is same or otherwise as the incident took place suddenly and due to depression and tension he could not identify the accused."
4. ' He has also drawn my attention to the cross-examination, relevant portion of which is reproduced as under:- " "Lastly he deposed that he does not remember whether present accused has snatched taxi from him as he could not see the face of other person, who was sitting on the rear seat."
5. ' Mr. Zubedi has submitted that on this state of evidence the appeal is likely to succeed. There is force in this contention of Mr. Zubedi.
6. ' I have also heard Mr. Abdul Latif Ansari, A.A.-G. For the State, who has opposed this application.
7. However, in view of the authority cited above and the evidence so recorded by the trial Court, I allow this application and suspend the sentence of the appellant and order that he may be released on furnishing surety in the sum of Rs,1,00,000 (Rupees one lac only) and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court.