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1990 SCMR 568

AZRAR AHMAD BUTT alias PAPPU vs THE STATE

Citation1990 SCMR 568
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No, 167 of 1989
Date1989-10-30
Judge(s)Muhammad Afzal Zullah, Syed Usman Ali Shah
ResultBail confirmed

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--This petition for leave to appeal is directed against the refusal of the High Court to suspend the sentence of the petitioner in conviction under section 307/34, P.P.C., during the pendency of his appeal in the High Court.

2. ' This Court granted interim bail to the petitioner on 10-7-1989 with the following.Order:- "Submits that the learned Judge in the High Court has not given proper consideration to the fact that the parties have compromised and the injured complainant has forgiven the petitioner in the interest of amity amongst the parties.

(2) Issue notice to the State.

(3) Meanwhile the petitioner will be released on ad interim bail on his furnishing a bond in the sum of Rs,20,000 with one surety in the like amount to the satisfaction of the learned trial Magistrate/A.C.

3. Sargodha."

4. ' When the main petition came up for the hearing the learned counsel for the petitioner was asked; as to whether, any compensation has been paid to the injured person as a result of the compromise noticed in the order dated 10-7-1989. Notice was also issued to the Advocate-General.

5. Today learned counsel has produced the injured person who has stated that the parties have settled the matter out of Court and are now on very good terms with each other. He also stated that he has received adequate compensation in cash.

6. ' In the light of all these circumstances the learned counsel appearing for the State did not raise any objection to the confirmation of the interim bail granted to the petitioner by this Court and accordingly a request was made for a recent order.

7. ' Therefore, in the light of what has been stated above, we convert this petition into appeal and allow the same. The interim bail granted to the petitioner on 10-7-1989 is confirmed.

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