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MOHAMMAD RAMZAN versus THE STATE


Criminal Code of Conduct (CCPC) Section 426 Punishment Pending Appeal The applicant's appeal was not decided and the legal period passed, the execution of the sentence was suspended and the applicant was acquitted of bail.

1982 P Cr. L J 688 (1)

[Lahore]

Before Muhammad Munir Khan, J

MOHAMMAD RAMZAN-Petitioner

versus

THE STATE-Respondent

Criminal Miscellaneous No. 893 of 1980, decided on 2nd September, 1981.

Criminal Procedure Code (V of 1898) ---

---S. 426-Suspension of sentence pending appeal-Petitioner's appeal not decided and statutory period passed-Execution of sentence suspended and petitioner bailed out, in circumstances.

Latif Khosa for Petitioner.

Muhammad Rafiq for the State.

ORDER

This is an application under section 426, Cr. P. C. for suspending the execution of sentence of the petitioner.

The petitioner was convicted under section 307/34, P. P. C. and sentenced to seven years' R. I. and a fine of Ra. 300 or in default thereof one year's R. I.

2. After hearing the learned counsel for the parties, I find that the petitioner was convicted on 17th August, 1981 and although the statutory period has passed yet the appeal has not been decided.

In these circumstances, the execution of the sentence of the petitioner is suspended and he is allowed bail in the sum of Rs. 10,000 (rupees ten thousand) with one surety in the like amount to the satisfaction of A. C., Duty Magistrate, Sargodha.

Sentence suspended.

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