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2001 P Cr. L J 1558

JAVED AKHTAR alias ASHRAF vs THE STATE

Citation2001 P Cr. L J 1558
CourtLahore High Court
Case No.Criminal Miscellaneous No 1 of 1999 Criminal Appeal No 260 of 1997
Date1999-11-11
Judge(s)Ali Nawaz Chohan
ResultSentence suspended

ORDER

' This is an appeal in Sessions Case No,25 of 1995, against the judgment, dated 17-7-1997, passed by the learned Additional Sessions Judge. Sahiwal, whereby the appellant Javed Akhtar alias Ashraf son of Muhammad Sharif, Caste Ansari was held guilty for Qatl-e-Amd of Muhammad Hanif deceased and was punished with imprisonment for life as Ta'zir. The accused was also to get the benefit of section 382-B of Cr.P.C. The learned trial Court was of the view that taking a lenient view in his case was because of the absence of any previous enmity and motive and also because of the solitary injury caused by the accused to the deceased.

2. It is said that the petitioner was continuously in confinement for the last more than two years since 17-7-1997 and there is no likelihood that the appeal will be heard in the near future. The petitioner, therefore, prayed for suspension of the sentence and for his release on bail.

3. The appeal is admitted to regular hearing and since the petitioner is in the lock-up since over two years and there is no likelihood that this appeal will be heard in the very near future and while placing reliance on the case; Khuda Bux v. State 1994 PCr.LJ 2359 and Liaquat Ali v. State PLD 1995 SC 429 the operation of the impugned judgment is suspended and the petitioner is admitted to bail in the sum of Rs,1,00,000 with two respectable sureties in the like amount to the satisfaction of the learned trial Court. He is directed to appear in person whenever called for purposes of hearing of this appeal.

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