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1993 P Cr. L J 1699

AAMER NAVEED and others vs THE STATE

Citation1993 P Cr. L J 1699
CourtLahore High Court
Case No.Cr1. Misc. No,4 of 1993 in Cr1.Appeal No,541 of 1990
Date1993-03-14
Judge(s)Khalil-ur-Rehman Ramday, Sardar Muhammad Sarfraz Dogar
ResultSentence suspended

ORDER

1. ' SARDAR MUHAMMAD DOGAR, J.--- The petitioners, who were tried by a learned Additional Sessions Judge of Faisalabad alongwith Aamer Naveed and Muhammad Akram were convicted under section 302/34, P.P.C. Vide judgment dated 6-8-1990 and sentenced to undergo imprisonment for life, each, plus to pay a sum of Rs,10,000 each in default whereof to undergo R.I. For two years each, have approached this Court for suspension of their sentences on the grounds that none of them had caused any injury to the deceased; that the only part assigned to each one of them was that they, helo the legs of the deceased, when he was done to death; that nothing was recovered from them and that although a period of more than two years has already passed, there is no likelihood of their appeal coming up in the near future.

2. ' The contentions of the learned counsel arc borne out from the record. The learned State counsel has not been able to, challenge them. The only argument advanced by the learned State counsel is that a co-accused of the petitioners have been issued notice for enhancement of the sentence from imprisonment for life to death.

3. In our view mere fact that notice has been issued to a co-accused of the petitioners for enhancement of the sentence is no ground to refuse the prayer as already a period of two years has passed and there is no possibility of their appeal coming up in the near future. The fact is also admitted that none of them had caused any injury to the deceased. This petition is, therefore, allowed. The sentence of the petitioners shall be suspended and they shall be released on bail on their furnishing bail bonds in the sum of Rs,20,000 each-with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Faisalabad:

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