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2005 YLR 110

FATEH MUHAMMAD vs THE STATE

Citation2005 YLR 110
CourtLahore High Court
Case No.Criminal Miscellaneous No,2-B in Criminal Appeal No,517 of 2004
Date2004-07-12
Judge(s)Ch. Iftikhar Hussain
ResultSentence suspended

ORDER

' Applicant Fateh Muhammad through the instant application has sought for suspension of his sentence and admitting .Him to bail pending disposal of the above mentioned appeal.

2. He vide the judgment delivered on 29-3-2004 by Ch. Abdul Hameed, learned Magistrate Section 30, Khushab has been convicted and sentenced as follows:-- ' Under sections 148/ To one year R.I. 149, P.P.C.

' Under section 324,To P.P.C.Two years R.I. And to pay fine Rs,3000 and in default thereof to further S.I.

For two months ' Under section 337- A(i), P.P.C. To one year R.I. And to pay Daman Rs .5 , 000 ' Under section 337- To two years R.I. A(iii), P.P.C. And to pay Arsh as 10% of the Diyat.

' Under section 337- To six months S.I F(i), P.P.C. And to pay Daman Rs .5 , 000 ..

3. Learned counsel for the applicant contends that the sentence is short and that he has suffered about 3-1/2 months sentence out of the same; that he is aged about 85 years as is reflected from the impugned judgment ; and that there is no likelihood of earlier hearing of his appeal in the near future.

4. Learned counsel for the State has opposed the petition.

5. I have considered the submissions made by both the sides and perused the copy of the impugned judgment.

6. It has been mentioned in the impugned judgment that the applicant is aged about 85 years.

7. His sentence is also short. He out of the same statedly had undergone at least 3-1/2 months sentence. There is no likelihood of early hearing of his appeal in the near future.

8. I, therefore, find that case for suspension of his sentence has been made out. The application, therefore, is accepted and his sentence is suspended and he pending disposal of the appeal is admitted to bail subject to his furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned trial Court.

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