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1993 MLD 2221

JAFFAR ALI SHAH vs THE STATE

Citation1993 MLD 2221
CourtLahore High Court
Case No.Criminal Appeal No, 46 of 1993
Date1993-05-02
Judge(s)Rashid Aziz Khan
ResultSentence suspended

ORDER

' Petitioner Jaffar Ali Shah was sentenced to two years' R.I. with a fine of Rs,70,000 by Special Judge, Anti-Corruption, Lahore, on 3-1-1993. He was also given benefit of section 382-B, Cr.P.C.

' It was contended by learned counsel for the petitioner that the petitioner has undergone about 14 months of imprisonment, and in such circumstances, by the time the appeal is taken up for hearing he would have already undergone the entire period of his sentence. The petitioner is a retired Patwari and in such circumstances, he is old and infirm. The contentions have been opposed by learned counsel for the State.

2. I have heard the learned counsel and gone through the file. The petitioner was convicted on 3-1- 1993, but he remained in jail during his trial as well. In such circumstances; if he has already undergone 14 months of his imprisonment out of total period of two years then I feel he is entitled to the concession of suspension of sentence because his appeal is not likely to come up for hearing in the near future. The petition is accepted, the sentence is suspended and the petitioner is allowed bail provided he furnishes security in the sum of Rs,40,000 with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Okara.

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