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K.L.R. 1997 Criminal Cases 469

AIAZ & Another vs THE STATE

CitationK.L.R. 1997 Criminal Cases 469
CourtLahore High Court
Case No.Cr.Appl.No.880 of 1996
Date1997-01-27
Judge(s)Rashid Aziz Khan
ResultN/A

ORDER

RASHID AZIZ KHAN, J. - Petitioners Riaz and Barkhurdar seek suspension of sentence. They were tried by Additional Sessions Judge, Chiniot, who vide judgment dated 8.10.1996 sentenced both the petitioners under Section 452 PPC to three years' R.I. Each with a fine of Rs.1000/- each, or in default of payment of fine undergo three months' S.I. They were further convicted under Section 337- A(ii)/34 PPC to undergo three years' R.I. Each with a direction to pay compensation of Rs.2000/- each or suffer three months' S.I. Each. The sentences were, however, directed to run concurrently.

2. Learned counsel for the petitioners contends that the petitioners have already undergone about four months imprisonment but there is no likelihood of the appeal being heard in the near future.

Submits that the sentence is short and there is every likelihood that they will undergo the entire sentence before the appeal can be heard. The contentions were opposed by learned counsel for the State.

3. I have heard the learned counsel and gone through the file. The petitioners were sentenced on 8.10.1996 to three years' R.I. Each. They must have remained in jail as under-trial prisoners some time as well. There is no likelihood of the appeal being heard within 1997. In these circumstances, the application is accepted. Sentences of the petitioners are suspended and they shall be released on bail provided each of them executes bail bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the trial Court.

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