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Criminal Appeal No. 7 of 1982, decided on 8th February, 1982.
---S. 526-Sentence, suspension of-Contention that petitioners having been charged under S. 379/448/467/ 149, P. P. C., but con victed under Ss. 148, 392/149, 457/149, P. P. C. and sentence awarded being higher than those which could have been imposed under sections charged, same caused prejudice to them and as such matter required examination during arguments in appeal--Conten tion,. held, correct and sentences suspended, in circumstances:
Mehr Noor Ahmad for Ashiq Hussain Rizvi for Petitioners Nos. 1, 2 and 4.
Ch. Ijaz Ahmad for Petitioner No. 3.
S. M. Tayyeb for the Complainant.
Altaf Muhammad Khan for the State.
This order will dispose of Criminal Miscellaneous No. 1 of 1982 filed in Criminal Appeal No. 7 of 1982), Criminal Miscellaneous No. 1 of 1982 (filed in Criminal Appeal No. 13 of 1982), Criminal Miscellaneous No. 1 of 1982) (filed in Criminal Appeal No. 14 of 1982) and Criminal Miscel laneous No. 1 of 1982 (filed in Criminal Appeal No. 16 of 1982) by Sana Ullah and others, Zaman and others, Abdul Razzaq and Gul Zaman, petitioners, for suspension of their sentences pending the final disposal of their appeals. The appeals arise out of the same judgment. The peti tioners in each of the cases have been convicted and sentenced under section 148, section 392/149, section 451/149 and/or section 457/149, P. P. C. and sentenced to various terms of imprisonment and fine. The maximum sentence awarded under sections 392/149 and 457/149, P. P. C. is of five years' rigorous imprisonment each with fine.
2. Learned counsel for the petitioners have contended that though the petitioners were charged under section 379/448/467/149, P. P. C., the have been convicted under sections 148, 392/149, 451/149 and/or 457/149, P. P. C. and sentences higher than those which could have been imposed under the sections charged have been awarded to the petitioners; which have caused them prejudice. This matter requires examination during arguments in appeal.
3. For the foregoing reasons, the four petitions bearing number Cr. M. 1/82 (filed in four Criminal Appeals Nos. 7 of 1982, 13 of 1982. 14 -of 1982 and 16 of 1982) are accepted and the sentences of the said petitioners are suspended, subject to their furnishing proper bail bonds in the sum of Rupees Twenty Thousand (Rs. 20,000) each with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Faisalabad.
4. Copy dash on payment of usual charges.
Petitions allowed.
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