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1987 P Cr. L J 2197(1)

ASGHAR vs THE STATE- Respondent

Citation1987 P Cr. L J 2197(1)
CourtLahore High Court
Case No.Criminal Miscellaneous No. 1 of 1986 Criminal Appeal No. 195 of 1984
Date1987-02-17
Judge(s)Akhtar Hassan, Khizar Hayat
ResultSentence suspended

KHIZAR HAYAT, J.--Asghar petitioner, stands convicted along with Ghulam Siddiq and Imam Bakhsh for having caused death of Ghulam Farid and injuries to Allah Nawaz, Ismail, Mehrab and Sohrab P.Ws. Ghulam Siddiq and Imam Bakhsh have been sentenced to death while the petitioner has been sentenced to maximum imprisonment for life plus fine vide judgment, dated 2-10-1984.

2. The instant petition for suspension of execution of sentence has been moved on the ground that despite the statutory period of two years having elapsed petitioner's appeal has not been disposed of and that the petitioner on prosecution's own showing caused simple hurt to Rashid and Mehrab P.Ws. Only. The infliction of simple hurt by the petitioner to the P.Ws. Has not been disputed by learned A.A.-G. However, he states that the petitioner is not entitled to the relief of suspension of sentence as a matter of right. This is true, but in view of the fact that the petitioner has been attributed only simple hurt to the P.Ws. And that his appeal has not been disposed of within statutory period of two years we do not find any reason to disallow the concession allowed to him by subsection (1-A)(c) of section 426, Cr.P.C. Consequently, we allow this petition. The petitioner shall be released subject to his furnishing bail bonds in the sum of Rupees fifty thousand (Rs.

50,000 only) with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, Dera Ghazi Khan. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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