' Muhammad Ishaq, the petitioner has sought for suspension of his sentence and admitting him to bail pending the disposal of the appeal.
' He was convicted under section 302(b), P.P.C. And sentenced to life imprisonment as Ta'zir, and to pay Rs,20,000 as compensation under section 544-A, Cr.P.C. To the legal heirs of the deceased and in default thereof to suffer further six moths' S.I. Vide the judgment, dated 4-12-2000 recorded by Malik Azhar-ul-Haq Awan, learned Sessions Judge, Pakpattan Sharif.
3. It has been contended on his behalf that he was about 17-1/2 years old at the time of occurrence and the learned trial Court has mentioned this fact in the impugned judgment; that according to section 4(4) of the Juvenile Justice System Ordinance, 2000 all cases pending before trial Court in which a child is accused of an offence shall stand transferred to the Juvenile Court having jurisdiction that 'child' in the said Ordinance has been defined:-- "a person who at the time of commission of an offence has not attained the age of eighteen years;" ' and that on the date of promulgation of the Ordinance, his case was pending before the learned trial Court and so case should have been transferred to The Juvenile Court and tried there but it was not done so and hence the trial after that date i,e, 1-7-2000 and the impugned judgment is without jurisdiction.
4. The learned counsel for the State has not been able to controvert the above contentions.
5. I therefore, have been persuaded to accept the same and his sentence is suspended and pending the disposal of the appeal, he is admitted to bail subject to his furnishing bail bond in the sum of Rs,1,00,000 (Rupees one lac) with one surety in the like amount to the satisfaction of the learned trial Court.