Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 426(1-A)(c)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 10---Zina-bil-jabr liable to Tazir---Suspension of sentence, petition for---Appeal could not be decided within two years of the conviction of appellant/petitioner---Petitioner, was neither a hardened, desperate, dangerous criminal nor was a previous convict---Petitioner having made out a case for suspension of sentence on statutory grounds in terms of S.426(1-A)(c), Cr.P.C. sentence was suspended and he was directed to be enlarged on bail, in circumstances. Liaqat and another v. The State 1995 SCMR 1819 rel. ORDER MUHAMMAD JEHANGIR ARSHAD, J.---Through this Criminal Miscellaneous Application No.7/L, of 2013, the appellant/petitioner Muhammad Yousaf alias Yousaf Masih son of Javed Masih seeks suspension of his sentence on statutory ground passed by Mr. Khalid Arshad, Additional Sessions Judge, Sialkot on 31-1-2006 in a case arising out of F.I.R. No.513/2004, dated 14-10-2004 under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979, Police Station, Muradpur, District Sialkot whereby the appellant, petitioner was sentenced to imprisonment for twenty years' R.I. under section 10(3) of the Offence of. Zina (Enforcement of Hudood) Ordinance VII of 1979. However, the benefit of section 382-B Cr.P.C. was extended to the convicted accused. In support of this criminal miscellaneous petition, the learned counsel for the appellant/petitioner submits that the occurrence took place on 11-10-2004 whereas F.I.R. was lodged on 14-10-2004 and the appellant/petitioner was arrested on 27-10-2005, the impugned judgment was passed on 31-1-2006 and the present appeal was filed on 31-3-2006 which has not been decided within a period of two years of the appellant's conviction, therefore, appellant/ petitioner was entitled to suspension of his conviction and sentence and his release on bail in terms of section 426(1A)(c) Code of Criminal Procedure. Learned counsel for the appellant/petitioner further argued that even otherwise, per report submitted by Superintendent, Central Jail, Lahore dated 13-8-2012 the petitioner's out of…

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