' Learned counsel for the petitioners states that he does not press this petition to the extent of Shabana Mai/petitioner No,2. The petition to her extent is dismissed as not pressed.
2. Petitioner No,1/Mst. Zahida Mai through the instant petition has sought for suspension of her sentence and admitting her to bail pending disposal of her appeal.
3. She has been convicted under section 302(b) read with section 34, P.P.C. And sentenced to imprisonment for life and to pay Rs,1,00,000 (Rupees one lac) as compensation under section 544- A, Cr.P.C. To the legal heirs of the deceased Ghulam Akbar and in default thereof to suffer further six months' S.I. With the benefit of section 382-B, Cr.P.C. Vide judgment dated 21-6-2001 recorded by Mr. Bashir Ahmad Bhatti, learned Additional Sessions Judge, Muzaffargarh in case F.I.R. No,318 dated 9-9-1996 under section 302 read with section 34, P.P.C. Registered with Police Station Kot Addu, District Muzaffargarh.
4. It has been contended on her behalf that she is mother of 8 children and eldest of them is 16 years old daughter and her children due to her detention in jail are suffering badly; and that she is behind the bars for more than one year and there is no likelihood of hearing of her appeal in the near future and in support of the plea reliance has been placed on the case Mst. Zahida Bibi and others v. The State 2002 PCr.LJ 1035 (Lahore), Maqsood Ahmad and others v. The State 1994 PCr.LJ 514 (Lahore) and Mst. Shafqat Tahira v. The State 2000 PCr.LJ 912 (Lahore).
5. Conversely, the learned State Counsel has opposed the petition on the ground that she is named in the F.I.R.; that there is evidence against her on record to connect her with the crime; and that sentence awarded to her is imprisonment for life.
6. I have carefully considered the submissions made by the learned counsel for the parties with the help of record.
7. The fact remains that she is a woman. In para.35 of the impugned judgement, it has been mentioned that she has given birth to 8 A children and eldest of them is Mst. Shabana (her co- convict) and she is aged about 16 years.
8. This Court has held that suspension of sentence and grant of bail under section 426, Cr.P.C. Is controlled and guided by provision of section 497(1), Cr.P.C. This has also been held the case of Mst.
Zahida Bibi and others v. The State 2002 PCr.LJ 1035 (Lahore).
9. She admittedly has suffered detention for a period of more than, one year in jail as convict and undertrial. It has been contended that due to her detention, her children are badly suffering.
10. In these circumstances, I am inclined to suspend her sentence. In this regard, reference is also made to the case of Maqsood Ahmad and others v. The State 1994 PCr.LJ 514 (Lahore) and Mst.
Shafqat Tahira v. The State 2000 PCr.LJ 912 (Lahore), the petition, therefore, is accepted and she is admitted to bail on her furnishing bail bonds in the sum of Rs,1,00,000 (Rupees one lac) with one surety in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court.