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Petitioner: ALTAF HUSSAIN SHAH VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Saleem Akhter, Shafi-ur-Rehman Title: ALTAF HUSSAIN SHAH vs THE STATE Case No.: Criminal Petition No, 364-L of 1993 Date of Judgment:1993-11-24 Reported As: 1994 SCMR 480 Result: Sentence suspended
Judgment ORDER ' SALEEM AKHTAR, J.---The petitioner seeks leave to appeal against the order of the learned Judge in Chambers of the High Court whereby his petition for suspension of sentence was disposed of by the following order:-- "Earlier the petitioner moved petition for suspension of sentence on the ground that the petitioner was convicted by the learned Additional Sessions Judge vide his judgment dated 27-6-1990 and since then his appeal has not been fixed for final hearing and the petitioner is entitled to the grant of bail on statutory ground. Vide my order dated 23-9-1992, I directed the office that this old appeal be fixed for final hearing on 28-10-1992 at No,1. It appears that the appeal was fixed on that date but it could not be heard. The office is directed to fix the appeal within one month at No,1. With these observations, this petition stands disposed of." 2. Notice was issued to the State and we have heard the learned counsel for the parties. There is no denying the fact that statutory period for disposal of the appeal has passed, but so far the appeal has not been decided. The petitioner was convicted by the learned Additional Sessions Judge by his judgment dated 27-6-1990. In spite of the direction given by the High Court the appeal has not been disposed of. In these circumstances, we convert the petition into an appeal and allow it. The petitioner is admitted to bail on furnishing two sureties in the sum of Rs,10,000 each to the satisfaction of the Assistant Commissioner, Bhakkar.