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2007 MLD 652

TANVIR AHMAD vs THE STATE

Citation2007 MLD 652
CourtLahore High Court
Case No.Criminal Appeal No,373 of 2005
Date2005-11-02
Judge(s)Muhammad Nawaz Bhatti
ResultSentence suspended

ORDER

' MUHAMMAD NAWAZ BHATTI, J.---Through this petition the petitioner has sought suspension of sentence awarded to him vide judgment, dated 10-5-2005 passed by the learned Addl. Sessions Judge, Burewala, whereby he convicted and sentenced the petitioner to imprisonment for 5 years'

R.I. And Diyat, benefit of section 382, Cr.P.C. Has also been awarded to the petitioner.

2. Learned counsel for the petitioner submits that the sentence awarded to the convict/petitioner is harsh one and does not fullfill the requirement of law. Further submits that section 319, P.P.C. Does not constitute that convict/petitioner was taken into custody soon after the judgment and he also remained in the jail for almost one year during the trial. He has relied on Zahid Hussain v. The State PLD 2005 Lah.

644.

3. On the other hand learned State counsel has vehemently opposed the petition.

4. I have heard learned counsel for the parties and perused the record. The convict/petitioner had been in jail for more than one year during the trial and there is no possibility of hearing of the main appeal in the near future. In view of the above circumstances and without going into the merits of the case in detail I suspend the petitioner's sentence subject to his furnishing bail bonds in the sum of Rs,1,00,000 (rupees one lac only) with two sureties in the like amount to the satisfaction of Deputy Registrar (Judi.) of this Court. Petitioner shall appear on each and every date before this Court.

Zahid Hussain v. The State PLD 2005 Lah. 644 ref.

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