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-----S. 526-Transfer of case-In order to consider transfer of case, apart from considering allegations levelled in petition, confidence left with petitioner in Court before whom case is pending also be assessed-Atmosphere in case becoming tainted and apprehension of petitioner double-fold-Case transferred in circumstances of case.

--- S. 426-Sentence, suspension of-Petitioner not causing any injury to deceased and there being a delay in disposal of his appeal-Sentence suspended in circumstances of case.

Taj Muhammad Khan Langah for Petitioners.

This is an application for the suspension of the execution of the sentence on behalf of Jumma and Muhammad Nawaz petitioners. The petitioners were convicted on 21st June, 1980 and sentenced to imprison ment for life and a fine of Rs. 5,000. In default thereof 3 months S. I.

2. The learned counsel for the petitioners does not press the application to the extent of Jumma petitioner. Even otherwise it is not a fit case to suspend his sentence for the reasons that he caused the fatal blow and the period of two years has expired shortly before summer vacations.

3. As for Muhammad Nawaz, the learned counsel submits that he has not caused any injury to the deceased. The only allegation against him is that at the fateful time, he had caught hold of the deceased to facilitate Jumma co-accused to inflict injury on the person of the deceased. The learned counsel for the State has opposed this application.

4. After hearing the learned counsel for the petitioner I am inclined to suspend the execution of the sentence of Muhammad Nawaz on the ground of delay in disposal of appeals coupled with the fact that he did not cause any injury to the deceased. He is accordingly allowed bail m the sum of Rs. 20,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Mailsi.

M. Y. M. Bail granted

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