' Petitioners Shbaban, Muhammad Ramzan and Azhar appellant in connected Criminal Appeal No, 57 of 1997 were convicted under section 302/34, P.P.C. And sentenced to imprisonment for life as Tazir for committing murder of Mumtaz deceased by the learned Additional Sessions Judge Vehari vide judgment dated 28-7-1994. They were also directed to pay Rs,20,000 each as compensation to the legal heirs of the deceased or in default to undergo two year S.I.
2. The petitioners/appellants challenged their conviction and sentence by filing the instant appeal before this Court on 31-8-1994 which is still pending adjudication.
3. Through Criminal Miscellaneous No,2 of 1997 petitioners have sought suspension of their sentence. Learned counsel submits that the petitioners were arrested in this case on 3-5-1993.
During trial they remained in jail. Their appeal has not been decided within the statutory period of two years from their conviction and as such they are entitled to be released on bail under section 426(1-A) (C), Cr.P.0 In support of his plea learned counsel has relied upon Liaqat and another v. The State (1995 SCM R 1819).
4. Learned State counsel has submitted that instead of hearing this petition, main appeal may be fixed for its hearing.
5. While dictating the order it was observed that or 13-3-1997 Criminal Miscellaneous. No,1 of 996 for suspension of sentence of the petitioners was dismissed as withdrawn by my learned brother Iftikhar Hussain Chaudhary, J. I was reluctant to decide this application but learned counsel for the petitioners submitted that Zubair' Case is not applicable to the applications for suspension of sentence. In support of this plea he relied upon Muhammad Sadiq Ch. v. The State (1987 M LD 2197) wherein this Court held that no bar exists against consideration of bail on statutory ground by a Judge other than who has previous refused bail. In view of this Judgment, I proceeded further to decide the instant application.
5-A. I have heard the learned counsel for the parties and gone through the record and the judgment cited by the petitoner. Acording to the office report appeals pertaining to the year 1985- 86 are being fixed these days. The instant appeal relats to year 1994 and as such is not likely to be fixed in near future in routime.
6. The petitioners were convicted by the learned Additional Sessions Judge Vehari on 28-7-1994.
They filed the instant appeal against their conviction and sentence on 31-8-1994 and despite expiry of more than 3 years it has not been disposed of so far and it is not likely to be fixed in the near future. In these A circumstances the appellants have earned their right to be released on bail under section 426(1-A(C), Cr.P.C. Their sentence is accordingly suspended and they shall be released on bail on furnishing bail bonds in the sum of Rs,2,00,000 (Rupees two lac) each with one surety each in the like amount to the satisfaction of trial Court. Criminal Miscellaneous No,2 of 1997 is accordingly allowed.