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2001 YLR 2588

MUZAFFAR and anothers vs THE STATE

Citation2001 YLR 2588
CourtLahore High Court
Case No.Criminal Appeal No,1550 of 2000
Date2001-02-22
Judge(s)Iftikhar Hussain Chaudhry, Zafar Pasha Ch.
ResultSentence suspended

ORDER

IFTIKHAR HUSSAIN CHAUDHARY, J.---Suspension of sentence is sought on the ground that petitioner has not been assigned any injury to the deceased. The initial allegation made against the petitioner of killing of dog was not proved and as per Para. No,20 of the impugned judgment the death of the dog was not proved, therefore, the petitioner was acquitted of the charge against him.

The learned counsel has referred to Para. 18 of the impugned judgment and from that it is inferred that prosecution case in substance has been found to be false. The basis of conviction of the petitioner is being a member of unlawful assembly. According to the petitioner he is Mochi by caste whereas co-accused are Phularwan, therefore, there was no community of purpose in between them. Certain excerpts from Para. No,20 of the judgment have also been referred to point out various discrepancies and contradictions in the prosecution case. From the above submissions it is inferred that petitioner's appeal is most likely to be accepted on merits.

2. We have examined the relevant portions of the judgment and find that contentions raised by the learned counsel are not without substance. The learned counsel for the State has not been able to controvert or refute any of them. Accordingly we suspend the sentence of the petitioner and admit him to bail on his furnishing bail bond in the sum of Rs,50,000 with two sureties each in the like amount to the satisfaction of D.R. (J) of this Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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