' CH. MUHAMMAD ARIF, J.---Leave to appeal is claimed through this petition under Article 185 (3) of the Constitution of the Islamic Republic of Pakistan, 1973 against order dated 12-1-1999 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No,1 of 1999 seeking suspension of sentence of imprisonment for life awarded to all the three petitioners by the learned Sessions Judge, Khushab in a murder case subject-matter of Criminal Appeal No,1017 of 1998.
2. There is no need for considering three-dimentional plea being raised by Mr. Ch. Ghulam Hussain, learned Advocate Supreme Court appearing in support of this petition, that (1) petitioner-Easab Khan is 86 years of age and having lost his eyesight much before, the incident he is an infirm person; (2) petitioner Mst. Ghulam Sakina (wife of Easab Khan) is 65 years of age and petitioner Ghulam Mustafa was a minor even at the time of the incident/occurrence having taken place during the night between 5/6-5-1995. Suffice it to say that when the attention of the learned counsel was drawn to the fact that the entitlement of the petitioners to bail under subsection (1-A) of section 426, Cr.P.C. Has not yet matured, he referred to Muhammad Akram v. The State (1994 SCM R 277) to contend that he would 'be satisfied if a direction is issued to the High Court to dispose of Criminal Appeal No,1017/1998 'within one month', as directed in Muhammad Akram (supra).
3. We are afraid this Court need not issue the sought for direction as the petitioners can submit a Miscellaneous Application in their Criminal Appeal No,1017 of 1998 requesting its early hearing before the High Court and/or the learned Chief Justice which they have not done so far. If so advised, they may proceed accordingly.
4. With the above observations the instant petition is dismissed and .