DR. MUNIR AHMAD MUGHAL, J.- The petitioner has moved this bail petition for grant of bail on the statutory ground. The petitioner was convicted on 25.4.1995 and sentenced to life imprisonment under sections 302(B)/34 PPC with a fine of Rs. 50;000/- to be paid-as compensation to the legal heirs of the deceased and in default thereof to undergo R.I. For 6 months further. He has sought suspension of sentence on the ground that the petitioner has already undergone almost to years and six months R.I. After filing his appeal in the High Court. It is argued by the learned counsel for the petitioner/appellant that the petitioner/appellant is entitled to suspension of his sentence under section 426 (1- A)(C) of the Code of Criminal Procedure as a period of more than to years has elapsed since his filing appeal in this Court and no date has yet been fixed for final hearing.
Learned State counsel however, opposed the suspension of sentence saying that instead of grant of bail the .Appeal be heard at an early date. I see no force in the argument of the learned counsel for the. State. It is not known as to when the turn of the case is likely to come for its final hearing.
2. In the circumstances of this case I am of the view' that the petitioner/appellant is entitled to bail on the statutory ground alone. Accordingly I suspend the sentence of the petitioner and grant him bail subject to his furnishing to surety bonds in the sum of Rs. 50,000/- (Fifty thousand) each to the satisfaction of the learned Sessions Judge, Sheikhupura.