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IMAM BAKHSH versus STATE


Section 6 426 of the Code of Criminal Procedure (CCPC), which was admitted at regular hearing by the father of the petitioner for review, to consider haste and negligence; the deceased's father also compromised with the petitioner. What, the punishment given, the appropriate case to suspend the execution of the sentence, depending on the circumstances

1983 P Cr. LJ 2016 (1)

[Lahore]

Before Muhammad Munir Khan, J

Hafiz IMAM BAKHSH-Petitioner

Versus

THE STATE-Respondent

Criminal Miscellaneous No. 1 in Criminal Revision -No. 79 of 1982; decided on 18th April, 1982.

Criminal Procedure Code (V of 1898)---

-------S. 426-Sentence, suspension of-Revision admitted to regular hearing for consideration of rashness and negligence on part of petitioner-Father of deceased also compromised with petitioner, Held, A fit case for suspending execution of sentence, to circum stances.

M. Sultan Alam for Petitioner.

ORDER

This is an application for the suspension of the execution of the sentence of 4 years' R. I. and a fine of Rs. 10,000 or in default further R.I. for 6 months awarded to the petitioner under section 304-A, P.P.C. The revision has been admitted to regular hearing for the consideration of rashness and negligence of the petitioner. The father of the deceased in his affidavit has stated that he has compromised with the appellant.

2. I am of the opinion that it is a fit case for suspending the execution of the sentences. The petitioner is admitted to bail in the sum of Rs. 20,000 (Rupees twenty thousand only) with one surety in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, M. Garb.

Sentence suspended.

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