The petitioners/appellants seek suspension of sentence and admitting them to bail pending the disposal of their appeal.
2. According to their learned counsel, they have served out their entire substance sentence and now have been detained for want of payment of Diyat only. He has requested that their sentence may be suspended and they may be released on bail to enable them to pay the payment of Diyat as they have no mean presently to pay Diayat because of their detention in jail and in support of this plea reliance is placed upon the case of Muhammad Iqbal and others v. The State (2001 M LD 1100) and Abdul Majeed v. The State (NLR 2000 Lahore 418).
3. As against the same, the learned counsel for the State has not opposed the petition. He has frankly conceded that the petitioners have served out their entire substantive sentence and they now are being detained for want of payment of Diyat alone.
4. I have considered the submissions made by the learned counsel for the parties with the help of available record.
5. Admittedly the petitioners have served out their entire substantive sentence. They now are being detained for want or payment of Diyat only. It has been submitted on their behalf that they may be released on bail to enable them to pay the payment of Diyat as presently they have no mean to pay' the same because of their detention in jail.
6. In the case of Muhammad Iqbal and others v. The State (2001 M LD 1100), the! Convicts, who had no source of income to pay the amount of Diyat, were ordered to be released under section 331(2) by the learned Division Bench of this Court. Similar was the position in the case of Abdul Majeed v.
The State (2000 YLR 418 Lahore). I, on relying upon these authorities find the case for their, release on bail has been made out. The petition, therefore, is accepted and they be released on bail under section 331(2), P.P.C.' subject to their furnishing bail bonds/surety bonds to the tune of Diyat amount to the satisfaction of the Deputy Registrar (Judicial) of this Court.