1. This is an application under section 426, Cr.P.C. For suspension of sentence and release on bail, of the appellant Masood Khan. The appellant has been sentenced by the Sessions Court to R.I. For five years plus diyat, amounting to Rs,2,75,000 and (2) under section 322, P.P.C. To R.I. For five years only.
2. His appeal has been admitted to regular hearing. Learned counsel for the appellant has, in support of his prayer, submitted that the offences, for which the appellant has been convicted, are bailable. He has placed his reliance upon the following case-law, wherein, in identical cases bail to convict was granted and his :--
(1) Abdul Samad v. The State 1999 SD 432;
(2) Safdar Ali Shah v. The State 1997 M LD 961;
(3) Shah Hussain v. The State PLD 1995 Kar. 209;
(4) Unreported decision dated 18-4-2002 in Criminal Appeal No,60 of 2002 (Muhammad Farooq v.
3. The State).
(5) Unreported decision dated 7-1-2003 in Criminal. Appeal No,394 of 2002 (Naseer Khan y. The State).
(6) Unreported decision dated 11-7-2003 in Criminal Appeal No,177 of 2003 (Rasheed Ahmed v. The State);
(7) Unreported decision dated 1-9-2003 in Criminal Appeal No,224 of 2003 (Muhammad Anwar v.
4. The State).
5. Mr. Habib Rasheed, learned counsel appearing on behalf of the State, in view of the above case- law, does not oppose the prayer.
6. Whereas offence under section 320, P.P.C. Is bailable, the offence under section 322, P.P.C. Is shown to be non-bailable. Both the offences are however, made compoundable. Further, where the offence under section 320, P.P.C. Has been made punishable up to R.I. For 10 years in addition to diyat; the offence under section 322, P.P.C. Has been made punishable with diyat only. Accordingly, sentence of R.I. For five years under section 322, P.P.C. Awarded by the trial Court appears to be illegal. The appellant, however, stands convicted under section 320 and 322, P.P.C. Simultaneously; whether this can be done and it would be permissible under the law, to award the two sentences, for Qatl-e-Khata (320, P.P.C.) and Qatl-e-Besabab (322, P.P.C.), at the same time, is a question which is left for determination at the time of decision of the appeal In view of the above circumstances and the case-law referred as above, the applicant is granted bail subject to his furnishing a solvent surety in the sum of Rs,2,00,000 (Rupees two lacks) only and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court.