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2005 MLD 1934

ZAHID HUSSAIN vs THE STATE

Citation2005 MLD 1934
CourtLahore High Court
Case No.C.M. No.1 of 2005 in Criminal Appeal No.180 of 2005
Date2005-06-07
Judge(s)Muhammad Nawaz Bhatti
ResultSentence suspended

ORDER

' Criminal Miscellaneous No.1 of 2005. , ' MUHAMMAD NAWAZ BHATTI, J.---Zahid Hussain petitioner was sentenced to five years' R.I. Along with Arsh Rs.90,600 under section 337-D in case F.I.R. No.189 dated 14-8-2002 registered at Police Station Sadar Rajanpur and was also sentenced to five years' R.I. Under section 324, P.P.C. The petition under section 426, Cr.P.C. Has been moved for suspension of the sentence.

2. Learned counsel for the petitioner has contended that the petitioner is in jail since 28-8-2002 and that the sentence is short and the hearing of appeal could take sometime, therefore, the sentence being short may be suspended and the petitioner may be allowed bail. Reliance is placed upon Abdul Hameed v. Muhammad Abdullah (1999 SCM R 2589) and Nazir Ahmad v. The State (2005 PCr.LJ 657).

3. On the other hand, learned counsel for the State has vehemently opposed the bail application and has submitted that the trial Court has already shown leniency and that the petitioner has not been awarded full dose of sentence, therefore, he is not entitled to the relief, being sought.

4. I have heard learned counsel for the petitioner as well as counsel for the State and perused the record.

5. As the sentence is short and the hearing of the appeal may take some time, the sentence of the petitioner is suspended subject to his furnishing bail bonds in the sum of Rs.1,00,000 with two sureties in the like amount to the satisfaction of D.R.(J) of this Court.

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