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2002 MLD 1223

BASHIR AHMAD and others vs THE STATE

Citation2002 MLD 1223
CourtLahore High Court
Case No.Criminal Miscellaneous No,1 of 2000 in Criminal Appeal No,1786 of 2001
Date2001-12-03
Judge(s)Ijaz Ahmad Chaudhry
ResultPetition allowed

ORDER

' Learned counsel for the petitioner contends that the learned trial Judge has held in para. No,37 of judgment that the occurrence has not taken place as has been alleged by the prosecution in the F.I.R. And this fact has been established that the occurrence has taken place in the house of the petitioner and co-accused Tariq Jamshaid who have been declared as proclaimed offender, on 3- 5-1996, when the deceased Tariq Salim came in the "Baithak" of the petitioners. Tariq Salim and Mst. Kishwar Naheed daughter of Bashir Ahmad and real sister of Basharat Ahmed was also murdered. The learned trial Judge has convicted the petitioners only due to their presence at the spot which according to the learned counsel for the petitioner was natural as they were residents of the same house. The bare perusal of judgment shows that the prosecution story has been disbelieved by the learned trial Judge as the occurrence was result of "Ghairat' in which the daughter and sister of both the petitioners have also been murdered. The presence of the deceased at 10-00 p.m. In the "Baithak" of the petitioner with Mst. Kishwar Naheed belies the story narrated in the F.I.R.

2. For what has been stated above, the petitioners have succeeded in making out a case for suspension of sentence. They are admitted to bail subject to furnishing bail bonds each amounting to Rs, 1,00,000 with two sureties each in the like amount to satisfaction of trial 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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