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PLJ 2005 Cr.C. (Lahore) 939

NABI AHMED vs STATE

CitationPLJ 2005 Cr.C. (Lahore) 939
CourtLahore High Court
Case No.Crl. Misc. No, A 305 of 2002
Date2005-05-18
Judge(s)Khawaja Muhammad Sharif, Mian Muhammad Najum-uz-Zaman
ResultPetition accepted

ORDER

Mian Muhammad Najam-uz-Zaman, J.--In support of this petition for suspension of sentence, learned counsel submits that Nabi Ahmad petitioner after conviction by the trial Court vide judgment dated 1.2.2002 is behind the bars for the last three years and three months and his appeal has not been decided so far. Further submits that according to office report, appeals relating to year 2000 are being fixed in routine and the appeal in hand being of 2002, is likely to be fixed in the next year.

2. Learned counsel for the complainant submits that petitioner is named in the FIR with specific role and that the ocular account is fully corroborated by medical evidence. Further submits that concession of bail on Statutory ground is no more in existence.

3. Learned counsel for the State adopts the arguments advanced by learned counsel for the complainant and opposes the suspension of sentence.

4. Heard, without touching upon merits of the case, it is admitted position on record that petitioner is behind the bar since 1.2.2003, the date when the impugned judgment was passed by the trial Court. According to office report, appeal relating to year 2000 are being fixed in routine and the appeal in hand relating to year 2002 is likely to be fixed during the next year. We are thus of the view that a case for suspension of sentence is made in favour of the petitioner. Resultantly, this petition is accepted and petitioner is directed to be released on bail provided he furnishes bail bonds in the sum of Rs, One. lac with one surety in the like amount to the satisfaction of Deputy Registrar (J) of this Court. The petitioner shall appear on each and every date of hearing before this Court.

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