1. BASHIR A. MUJAHID, J.-- Muhammad Azeem, petitioner/appellant was tried by the learned Special Judge (Central), Lahore in case FIR 247/2000, dated 26.9.2000 registered at P.S. FIA (Passport Cell), Lahore under Section 17/22 of Emigration Ordinance, 1979 and vide judgment dated 16.9.2003, he was convicted under Section 22(b) of the Emigration Act and sentenced to 8 years' R.I. And a i.e of Rs.7,00,000/-, in default of payment of time to further undergo S.I. For six months. Benefit of Section 382-B, Cr.P.C, was, however, extended in his favour.
2. He challenged his conviction and sentence vide Crl. Appeal No. 1 803/2003. Through the instant application his suspension of sentence has been sought mainly on the ground that he has undergone major portion of the sentence and by appeal has not been fixed so far and by the time the appeal will come for hearing he will be released from jail after serving out his entire sentence and his appeal will become infructuous.
3. Report was sought from the Superintendent Central Jail. Lahore and report dated 3'11.2003 has been received. According to report the petitioner has undergone six years' 27 days and the remaining part of his sentence is one year 11 months and 3 days, therefore, I find that the contention of learned counsel for the petitioner is genuine and the same has also not been opposed by learned counsel for the State.
4. In view of the above, the operation of the impugned judgment dated 16.9.2003 is suspended and the petitioner during the pendency of the appeal is admitted to bail subject to his furnishing bail bonds in the sum of Rs.50,000/- with one surety in the like account to the satisfaction of Trial Court till the decision of the appeal.