' Mst. Manan alias Nazir Mai petitioner/appellant through the instant petition has sought for suspension of her sentence and admitting her to bail pending disposal of her Criminal Appeal No, 278 of 2002 against the judgment, dated 21-3-2002 recorded by Mr. Abdul Rashid, learned Additional Sessions Judge, Rajanpur, in case F.I.R. No,333, dated 14-8-2001, under section 9(b), Control of Narcotic Substances Act, 1997, Police Station Kot Mithan.
2. Before proceeding further, we would like to mention that record has shown that on 10-6-2002 Criminal Miscellaneous No, 1 of 2002 filed by the present petitioner was disposed of by a learned Bench of this Court comprising of our learned brothers Muhammad Farrukh Mahmud, J. And Farrukh Lateef, J.
' She, thereafter, has brought the instant petition on 26-8-2002.
3. The office perhaps has inadvertently given the same number i,e, Criminal Miscellaneous No,1 of 2002 to it. Any way, this seems to be mere clerical mistake. We, therefore, ignore the same and treat it a fresh/new petition after disposal of earlier said petition and proceed to dispose of the same.
4. Briefly the facts relevant for the disposal of the same are that the petitioner was convicted by the aforesaid learned Additional Sessions Judge in the above mentioned case under section 9(b) of Act (supra) and sentenced to undergo 5 years' R.I. And to pay fine of Rs,10,000 and in default to further suffer three months' S.I.
5. It has been contended on her behalf that she is a woman and on this score alone deserves suspension of her sentence and her admitting to bail as the same principles, which govern the grant or otherwise of bail under section 497, Cr.P.C. Will be applicable to the question of suspension of sentence and grant of bail under section 426, Cr.P.C. And that her husband was murdered and after the same she had been looking after her five minor children and out of them the eldest is hardly 14 years of age and they all due to her detention in jail are badly suffering and so on this compassionate ground too she deserves suspension of sentence and her admitting to bail.
6. Conversely, the learned State Counsel has opposed the application.
7. We have carefully considered the arguments advanced from both the sides.
8. She is a woman. There is with the instant petition certified copy of order, dated 24-10-2001 passed by a learned Division Bench of this Court comprising of our learned brothers Tassaduq Hussain Jilani, J. And Raja Muhammad Sabir, J., in Criminal Miscellaneous No,2156/B of 2001, whereby, she was allowed post-arrest bail in the said case.
9. We have found in that order of our learned brothers that her husband had been murdered and she has five children to look after and eldest of them at that time was hardly 13 years old.
10. The learned State Counsel has not been able to controvert the contention that the same principles, which govern the grant or otherwise of bail under section 497, Cr.P.C. Would be applicable to the question of suspension of sentence and grant of bail to a convict under section 426, Cr. P. C.
11. Even otherwise the contention has force. In this regard reference can be made to the case of Mst.
Zahida Bibi and others v. The State 2002 PCr.LJ 1035 (Lahore.
12. In this view of the matter, we find that case for suspension of her sentence and her release on bail has been made out.
13. We, therefore, accept the instant petition and suspend her sentence and pending disposal of her said appeal admit her to bail provided she furnishes bail bond in the sum of Rs,1,00,000 with one surety in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court.