' Nazar Mahmood, petitioner/appellant, was proceeded under section 37 of the Anti-Terrorism Act, 1997, by the Special Judge, Anti-Terrorism Court No,II, Multan, who vide his judgment, dated 13-8- 2001, convicted the petitioner under section 37 of the Anti-Terrorism Act, 1997 and sentenced him to undergo one month's R.I. With a fine of Rs,10,000 and in default in payment thereof to further undergo one week's R.I.
2. The petitioner/appellant has challenged his conviction and sentence through the present appeal, which has been admitted to regular hearing and the notice has been issued.
3. Notice was also issued to the State in the instant C.M. Regarding the suspension of sentence. The learned State Counsel has pointed that according to subsection (8) of section 25 of the Anti- Terrorism Act, 1997, bail cannot be granted to the petitioner/appellant under section 426, Cr.P.C.
4. I have heard the learned counsel for the parties and gone through the judgment available on the file. In the peculiar circumstances of the case, the whole process of filing the appeal would be defeated in case the petitioner remains behind the bars for the total period of the sentence awarded to him. Relying upon the cases of Allied Bank of Pakistan Ltd. v. Khalid Farooq 1991 SCM R 599 and Mst. Neelam Mawaz v. The State PLD 1991 SC 640, I allow this petition and suspend the sentence awarded to the petitioner/appellant and direct for his release on bail subject to his tendering bail bonds in the sum of Rs,five thousand with one surety in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court.