1. ' The appellants were convicted by Additional Sessions Judge Kandiaro vide judgment dated 15-1- 1996 and sentenced to suffer imprisonment for life for offence under section 302, P.P.C. Read with section 34, P.P.C. They were also convicted and sentenced to suffer R.I. For five years and to pay fine of Rs,2,000 (Rupees two thousand) each for offence under section 324, P.P.C. In case of default they were ordered to suffer R.I. For one month more. They were also convicted for offence under section 337-A-III, P.P.C. And sentenced to suffer R.I. For three years. The appeal was filed on 4-2-1996.
2. 'The application under section 426(1-A), Cr.P.C. Has been filed for suspension of sentence and release of appellants on bail on the grounds that more than two years have passed but the appeal has not been decided and even on merits the case is fit for acquittal. The learned State Counsel submitted that the matter may be fixed for regular hearing.
3. ' There are counter-cases between the parties. On 21-8-1994 complainant Muhammad Nawaz had lodged the F.I.R. Whereas the other F.I.R. Was lodged by accused/appellant Ghulam Mustafa. Both parties suffered injuries. The trial Judge in paragraph 19 judgment has mentioned as under:-- "I am of the opinion that through evidence on record prosecution has proved that all the accused intentionally committed murder of deceased Muhammad Ismail by causing him lathi injuries, and also caused lathi injuries to the complainant Muhammad Nawaz with intention to kill him, when they both went to the accused for taking penalty amount from them, I, therefore, hold all the accused guilty for the charge of an offence punishable under sections 302, 324 and 337-A-III read with section 34, P.P.C. Since the two accused are real brothers and they are young boys I, therefore, take lenient view while convicting the accused."
4. ' In paragraph 2 of judgment the learned trial Judge has mentioned above about the counter-case lodged by appellant Ghulam Mustafa and has also mentioned about the injuries suffered by P.Ws.
5. Ghulam Hyder, Ghous Bux and Mst. Hazari. As there are counter-case and the appeal has not been decided within the period mentioned in section 426, I, therefore, suspend the sentence of all the appellants. They shall be released on bail subject to furnishing of surety in the sum of Rs,1,00,000 (Rupees one lac) by each appellant and P.R. Bond in the like amount to the satisfaction of Nazir of this Court.