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Petitioner: KHALID MAHMOOD VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Dr. Munir Ahmed Mughal Title: KHALID MAHMOOD vs THE STATE Case No.: Criminal Miscellaneous No,1 of 1998 in Criminal Appeal No,231 of 1996 Date of Judgment:1998-09-09 Reported As: 2000 YLR 163 Result: Sentence suspended
Judgment ORDER ' The petitioner-appellant was convicted under section 302(b), P.P.C., and sentenced to imprisonment for life and to pay a fine of Rs, 50,000 as compensation to the legal heirs of the deceased under section 544-A, Cr.P.C., and in default to undergo imprisonment for six months. The benefit of section 382-B, Cr.P.C., was also extended to the petitioner. This was vide the judgment, dated 3-7-1996 passed by the learned Sessions Judge, Layyah. 2. Suspension of sentence is sought on statutory ground that a period of two years, two months and six days has elapsed but the appeal of the petitioner-appellant has not been decided so far. 3. A report was called from the office according to which the appeals relating to year 1985-86 are being heard in routine. 4. Admittedly, the petitioner is continuously in jail for the last more than two years and his appeal has not been decided so far and as per office report, his appeal is not likely to be fixed for a couple of years more, as such, his case is covered under section 426(I-A)(c), Cr. P.0 . , which provides that an Appellate Court shall, unless for reasons to be recorded in writing it otherwise directs, order a convicted person to be released on bail who has been sentenced to imprisonment for life and whose appeal has not been decided within a period of two years of his conviction. Reliance can be safely placed on Muhammad Yaqoob and others v. The State (1991 SCM R 1459), as such, this petition is allowed and the sentence of the petitioner is suspended and he shall be released on bail provided he furnishes bailbond in the sum of rupees one lac with one surety in the like amount to the satisfaction of the trial Court.