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RUSTAM versus STATE


Appeal for suspension of Section 426 sentence was in the prosecution case that at the time of the alleged incident, the complainant, who was the victim's father, had identified the accused, but the complainant, in his examination, filed in the Chief of Trial, saying that A man saw a lightning light with a smile on his face. And that he suspected whether the man was an accused or not, the other two witnesses to the prosecution who were cousins and brother of the victim, respectively. The complainant stated that the accused was involved as a suspect and was likely to be acquitted, taking advantage of the doubt, if, during the course of an appeal, he had no objection, to the state's lawyer. There was no objection to the grant of bail, the defendant's sentence was suspended and granted bail in view of the complainant's statement, in the circumstances

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