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Criminal Miscellaneous No. 1936-B of 1982, decided on 4th August. 1982.

-----S. 426 (I-A)-Sentence, suspension of--Petitioner causing a simple injury with a sharp-edged weapon-Execution of sentence suspended, in circumstances.

----S. 426(1-A)-Sentence, suspension of-Petitioner armed with a pistol and causing a simple injury on leg of victim-Suspension of sentence declined, in circumstance.

Kh. Muhammad Sharif for Petitioners.

Muhammad Khan for the State.

This is an application on behalf of Miraj Din and Muhammad Tufail for suspension of execution of sentence in an appeal pending adjudication before the Additional Sessions Judge. Lahore. Learned counsel for the petitioners submits that Miraj Din was allegedly armed with pistol and he caused simple injury on the right leg of the victim, whereas Muhammad Tufail who was allegedly armed with a sword, caused simple injury on the thumb of Mst. Siddiqan P. W. The learned counsel for the State has opposed this application.

2. After hearing the learned counsel for the parties I find that the appeal was filed by the petitioners on 7th July, 1982 and the learned Additional Sessions Judge gave a long date, i. e. 21st September, 1982 Since Muhammad Tufail petitioner has caused simple injury with a sharp-edged weapon, the execution of his sentence is hereby suspended and he is allowed bail in the sum of Rs. 5.000 with one surety in the like amount to the satisfaction of A. C. Sadar, Lahore.

3. So far as bail application of Miraj Din is concerned, no case for suspension of his sentence is made out, as he was armed with a pistol and fired at the victim. His application is dismissed.

4. The learned Additional Sessions Judge is directed to dispose of the appeal on 21st September, 1982 or immediately thereafter.

Order accordingly.

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