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Criminal Miscellaneous No. 3 in Criminal Appeal No. 423 of 1981, decided on 30thMay, 1981.
----S. 426-Sentence, suspension of-Petitioner convicted and sentenced for 5 years' R. I. on charge of attempted murder but his appeal not disposed of although a period of more than one year elapsed since his conviction-Petitioner also filing affidavit of com plainant stating to have compromised with petitioner-Sentence of petitioner suspended, in circumstances.
Muhammad Hanif Niazi for Petitioner.
Malik Abdur Rahman for the State.
Shah Wali Khan, the appellant-petitioner, was convicted by the learned Magistrate invested with powers under section 30 of the Code of Criminal Procedure, Mianwali, vide his judgment dated the 29th March, 1980, under section 307 of the Pakistan Penal Code and sentenced to rigorous imprisonment for five years. He has now applied for suspension of his sentence under section 426 of the Code of Criminal Procedure because his appeal has not been disposed of though a period of more than a year has elapsed since his conviction was recorded. He has filed the affidavit of the complainant stating that he has compromised the dispute with the petitioner. In these circumstances the sentence of the petitioner is suspended and he will be released on bail on his furnishing security in the sum of Rs. 10,000 (rupees ten thousand only) with two sureties in the like amount each to the satisfaction of the learned trial Magistrate.
Petition allowed.
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