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Petitioner: MUHAMMAD AZAM AND ANOTHER VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Aslam Riaz Hussain Title: MUHAMMAD AZAM AND ANOTHER vs THE STATE Case No.:Criminal Appeal No, 59 in Criminal Petition No, 155 of 1984 Criminal
Miscellaneous No, 2/84 Criminal Appeal No, 149/82 Date of Judgment:1984-05-25 Reported As: 1984 SCMR 1166 Result: Appeal allowed Judgment ORDER ' ASLAM RIAZ HUSSAIN, J.-Muhammad Azam and Muhammad Zaman, petitioners, seek leave to appeal against the order of the Lahore High Court, dated 23-4-1984, dismissing their application under section 426, Cr. P. C. For suspension of their sentence. 2. We issued notice to the State and have heard the learned counsel for both sides. 3. The facts, briefly, are that the petitioners have been convicted under section 302/34, P. P. C, and both of them were sentenced to imprisonment for life. They filed an appeal before the High Court which is pending decision. Alongwith the appeal they also applied under section 426, Cr. P.C. For suspension of their sentences which was dismissed by the impugned judgment. 4. We were informed that a period of more than 2 years has passed but the appeal has not yet been fixed for hearing. We, therefore, issued notice to the State. 5. It was admitted by the State counsel that a period of 2 years has passed since the appeal was filed in the High Court and even the record of this case has not yet been printed. It was also admitted that printing of the record may take about one more year. As such we feel that there is no likelihood of the appeal being fixed for final hearing for quite sometime. We are, therefore, of the view that this is a fit case for suspension of the sentence of the petitioners under section 426, Cr. P. C. ' Having heard the counsel for both sides, we convert the petition into appeal ; allow the same ; suspend the sentences of the petitioners and admit them to bail in the sum of Rs, 40,000 each, with two sureties each, in the like amount, to the satisfaction of Assistant Commissioner/Duty Magistrate Kharian, District Gujrat.