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GHULAM MUSTAFA AND ANOTHER versus THE STATE


Appeals to Criminal Code of Criminal Procedure (CR PC) Articles 42 42 42 and Part It8 Guarantees - Criminal proceedings against their conviction under section 4 304, Part Item, Panel Code, which is already pending, decisions in High Court He was accused of appearing in intermediate and BA exams and was granted bail. Their sentence is suspended until the final decision of their appeals

1971 P Cr. L J 485

[Lahore]

Before Mushtaq Hussain Munir, J

GHULAM MUSTAFA AND ANOTHER‑Convict‑Appellants

versus

THE STATE‑Respondent

Criminal Miscellaneous No. 2 in Criminal Appeal No. 219 of 1970, decided on 27th May 1970.

Criminal Procedure Code (V of 1898)---

--

Ss. 426 & 498‑Bail‑ Appeals of accused against their conviction 'under S. 304, Part It, Penal Code, already pending, decision in High Court‑Accused appearing in Intermediate and B. A. Examinations‑Accused in circumstances admitted to bail and their sentences suspended till final decision of their appeals.

Gul Muhammad Khan for Petitioners.

Masud Ahmad Khan for the State.

ORDER

The petitioners, who have been convicted under section 304, Part II of the Pakistan Penal Code and sentenced to four years' rigorous imprisonment each by the Additional Sessions Judge, Lyallpur, applied for bail, while their appeal was admitted, notice was issued to the State in the bail matter. On 12th May 1970, nobody appeared for the petitioners and as a result after hearing the learned counsel for the State my learned brother Shaukat Ali, J. dismissed their bail petition. Subsequently the present application was moved alleging, that the petitioners have to appear in the examination, which is commencing in the month of June 1970. I am told, that it is to commence on the 2nd of June 1970. Learned counsel for the petitioners has produced an attested copy of the roll number, slip issued to Ghulam Mustafa, who has to appear in the Intermediate Examination and an attested copy of the certificate issued by the Principal, Government College, Lyallpur, certifying that Muhammad Yousaf, petitioner, has to appear in B. A. (Supplementary) Examination under Roll No. 10805. His examination is to begin on the 26th of June 1970.

2. In view of the fact, that the petitioners have to appear in Intermediate and B. A. Examinations respectively, I would, allow, the application and suspend the sentences awarded to the, petitioner/appellants till the final decision of the appeal. They shall be released on bail, provided they execute bail bonds, in the sum of Rs. 10,000.00 (Rs. ten thousand only) each, with one surety each in the like amount to the satisfaction of the Assistant, Commissioner, Lyallpur.

Application allowed.

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