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PLJ 2018 Cr.C. (Lahore) 479

NAZAR HUSSAIN and another vs STATE and another

CitationPLJ 2018 Cr.C. (Lahore) 479
CourtLahore High Court
Case No.Crl. Misc. No, 1 of 2017 in Crl. Appeal of 96 of 2017
Date2017-04-20
Judge(s)Abdul Sami Khan
ResultPetition allowed

ORDER

1. Criminal Miscellaneous No, 1 of 2017 Through this miscellaneous petition, the Petitioners Nazar Hussain and Qaswar have sought suspension of their sentences awarded to them by the learned Addl. Sessions Judge, Kabirwala vide judgment dated 24.02.2017 passed in a cross-version of case FIR No, 56/2011, dated 14.11.2011 recorded u/Sections 337-F(v), 337-A(i), 506, 447, 148/149, PPC, Police Station Nawan Shehr, District Khanewal.

2. Petitioner No, 1-Nazar Hussain.

3. Under Section 337-F(v), PPC. Sentenced to three years R.I. with payment of Rs,25000/-as "Daman" to Mukhtiar Ahmad injured. Benefit of Section 382-B, Cr.P.C. was given to the convict.

4. Petitioner No, 2-Qaswar.

5. Under Section 337-F(v), PPC. Sentenced to three years R.I. with payment of Rs,25000/- as "Daman" to Mazhar injured. Benefit of Section 382-B, Cr.P.C., was given to the convict.

6. In default of payment of "Daman" both the convicts shall remain in jail.

2. After hearing the learned counsel for the parties and going through the impugned judgment dated 24.02.2017, it has been noticed that appeal of petitioners/appellants is pertaining to the year 2017, therefore, keeping into consideration the length of sentence i,e, three years, there is every likelihood that they would serve out their entire sentence before the decision of their appeal.

7. Resultantly, the instant petition is allowed, the quantum of sentences imposed upon the petitioners is suspended and they are released on bail subject to their furnishing bail bond in the sum of Rs, 1,00,000/- (Rupees one hundred thousand only) each with one surety, each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court. The petitioners are directed to appear before this Court during pendency of the main appeal on each and every date of hearing of their appeal.

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