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LAI MUHAMMAD versus STATE


Criminal Code of Conduct (CR PC) Section 426 (1A) Sentencing, Legal Term Suspension Approved

1983 P Cr. LJ 2153(1)

[Lahore]

Before Muhammad Munir Khan, J

LAL MUHAMMAD‑--Petitioner

Versus

THE STATE‑Respondent

Criminal Miscellaneous No. 2188‑B of 1981, decided on 2nd Septem ber, 1981.

Criminal Procedure Code (V of 1898) -----

‑-----S. 426(1‑A)‑Sentence, suspension of‑Statutory period passed ---Appeal not decided as yet without any fault of petitioner‑Execution of sentence suspended in circumstances.

Kh. Muhammad Afzal for Petitioner.

Sh. Muhammad Nawaz for the State.

ORDER

This is an application under section 425, Cr. P. C. for the suspension of the execution of sentence of the petitioners. On 31st July, 1979, they were convicted under section 304 (1), P. P. C. and sentenced to 10 years' R. I. each and a fine of Rs: 1,000 each or in default thereof further R. I. for two months each.

2. After hearing the learned counsel for the parties, I find that although the petitioners were convicted on 31st July, 1979 and the statutory period has passed yet the appeal has not been decided without any fault on the part of the petitioners.

In these circumstances, the execution of sentence of the petitioners is suspended and they are allowed bail in the sum of Rs. 10,000 (rupees ten thousand) with one surety, each in the like amount, to the satisfaction of A. C. Attock.

M.Y.M Bail granted.

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