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2007 MLD 1278

ANWAR and anothers vs THE STATE

Citation2007 MLD 1278
CourtSindh High Court
Case No.M.A.No, 375 of 2007 in Criminal Appeal No, 26 of 2007
Date2007-04-12
Judge(s)Munib Ahmed Khan
ResultSentence refused

ORDER

1. ' MUNIB AHMED KHAN, J---Through this application learned counsel for applicant has requested for suspension of sentence of Anwar and Ali Khan. The grounds for Anwar he has forwarded that there is aerial firing against him causing no injury to any body and that he remained on bail during the trial. For Ali Khan he submitted that he is old person of more than 70 years and T.B. Patient. To verify the submissions jail report was asked which has been submitted and according to Chief Medical Officer, Central Prison Hospital Hyderabad Ali Khan is an old man of about 70 years, he was examined in jail and following is the opinion:- "It is for kind information that above named convict examined at Central Prison Hospital Hyderabad on 10-4-2007 with c/o decreased eyesight, generalized weakness, cough, bleeding/ mouth."

2. ' The Chief Medical Officer has also stated that Ali Khan is approximately 70 years old. Learned A.A.- G.Has no objection to suspension of sentence of above persons for the above reasons.

3. ' Since Anwar remained on bail during trial and allegation against him of aerial firing, therefore, his sentence is suspended with the consent of learned A.A.-G. As far as Ali Khan is concerned he is apparently suffering from T.B. As he is bleeding from mouth with cough, which is not only serious for him but also dangerous for other inmates of the jail. Keeping in view these conditions as well as no objection his sentence is also suspended. Both the applicants to submit surety in the sum of Rs,40,000 and P.R. Bond in the like amount to the satisfaction of the Additional Registrar of this Court.

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