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Criminal Miscellaneous No. 2 of 1980 in Criminal Appeal No. 600 of 1979, decided on 12^thFebruary, 1980.

---- S. 426-Suspension of sentence-Medical report indicating daughter of appellant aged 1 years suffering from serious congenital heart disease and running temperature and aedema which could not be treated in jail hospital--Life sentence of appellant suspended pending hearing of appeal.

Mushtaq Shaida for Petitioner.

Imtiaz A. Chaudhry for the State.

This is a petition under section 426, Cr. P. C. by Mst. Zahur Elahi petitioner for suspension of sentence. The petitioner has been convicted under section 302, P. P. C. for the murder of Mst. Nek Elahi and has been sentenced to life imprisonment and to nay a fine of Rs. 1,000 or in default thereof to further undergo one year's R. I.

2. The suspension of sentence in this case has been pressed on the ground that Mst. Shaista Perveen, a minor daughter aged 12 years of the petitioner, is suffering from a serious heart disease which cannot be treated in the jail hospital. The report of Superintendent, Women's Jail Multan, shows that Mst. Shaista Perveen minor daughter of the petitioner was referred to Nishtar Hospital where the doctor declared that she was suffering from serious congenital heart disease and that she was also run ning temperature and aedema which could not be treated in jail hospital. The learned counsel for the State does not seriously oppose the suspension of the sentence.

3. In view of the above, the sentence of Mst. Zahur Elahi petitioner is suspended pending the hearing of her appeal subject to her furnishing a bail bond in the sum of Rs. 20,000 with two sureties each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate Vehari.

Order accordingly,

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