' Ghulam Sarwar applicant through the instant application seeks suspension of the sentence and admitting him to bail pending disposal of the appeal.
2. He vide the judgment, recorded on 19-4-2003 by Syed Bahadur Shah, the learned Special Judge, Anti-Corruption, Dera Ghazi Khan was convicted under section 471, P.P.C. And sentenced to suffer two years' R.I. And to pay fine of Rs,50,000 and in default thereof to further suffer six months' R.I,. In case F.I.R. No,47, dated 12-11-1999, under sections 420/468/471, P.P.C. Read with. Section 5(2) of Prevention of Corruption Act, 1947 with Police Station Anti-Corruption Establishment, Rajanpur.
3. It has been contended on his behalf that the offence under which he has been convicted is bailable and the same principle will govern the question of suspension or otherwise of the sentence as are relevant for the grant of bail to an accused under section 497, Cr.P.C.; that his sentence is short; and that there is every likelihood that if the same is not suspended, he may suffer the same by remaining in jail.
4. As against the same, the learned State Counsel has opposed the petition.
5. I have carefully considered the submissions made from both the sides with the help of available record.
6. As said above, he has been convicted under section 471, P.P.C. And sentenced to two years' R.I.
With fine of Rs,50,000 and in default to suffer further six months' R.I. The said offence according to the Second Schedule to the Criminal Procedure Code is bailable. I may mention here that the same principles will govern the question of suspension or otherwise of the sentence as are relevant for the grant of bail to an accused under section 497, Cr.P.C. 1, therefore, find that the case for the suspension of his sentence :s made out. Resultantly, this application is accepted and his sentence is suspended pending disposal of the appeal and he is directed to be released on bail provided he furnishes bail Bonds in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the learned trial Court.