' Zahid Naseer and Zaheer Ahmad alongwith two others were tried in the Court of Judicial Magistrate with powers of Section 30, Cr.P.C., Daska, District Sialkot, and vide judgment, dated 4-4- 1998 were sentenced to seven years imprisonment for offence under section 324, P.P.C. And a fine of Rs,10,000 each in default of payment of which the convicts were to undergo rigorous imprisonment for a further period of six months. The convicts submitted appeal against the conviction and sentence awarded to them. The petitioners now seek suspension of sentence through under consideration application and enlargement on bail during the pendency of appeal submitted by them.
2. Leaned counsel for the petitioners submitted that conviction of the petitioners was recorded on 4-4-1998 and appeal submitted by them has not been decided so far and the petitioners were entitled under subsection (1-A) of section 426, Cr.P.C. For suspension of sentence learned counsel for the State opposed the prayer made by the petitioners.
3. The period of imprisonment of petitioners after conviction has exceeded one year, but the appeal filed by them has not been taken up for hearing nor has been disposed of so far. Heavy pendency of criminal appeals in this Court would stand in the way of early disposal of the appeal filed by the convicts, and as such the petitioners are entitled to suspension of sentence.
4. The sentence awarded to the petitioner vide judgment, dated 4-4-1998 passed by Judicial Magistrate section 30, Daska is suspended and they are directed to be released from custody during the pendency of appeal subject to furnishing bail bonds in the sum of Rs,50,000 with two sureties each in the like amount to the satisfaction of trial Court.