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Criminal Miscellaneous No. 1 in Criminal Appeal No. 99 of 1982, decided on 16th May, 1982.
---S. 426-Sentence, suspension of--Petitioner attributed no overt act except exhorting co-accused to kill deceased---Sentence of peti tioner suspended, in circumstances-Penal Code (XLV of 1860), S.302/34.
Taj Muhammad Langah for Petitioner.
----This is an application under section 426, Cr. P. C. by Muhammad Latif for suspension of his sentence, pending final disposal of the appeal. The petitioner has been convicted under section 302/34, P.P.C. for the murder of Haji Muhammad and Mst. Sughra, deceased, and, has been sentenced to life imprisonment with fine.
2. Learned counsel for the petitioner submits that tine only part attributed to Muhammad Latif, petitioner, is that he exhorted his co -accused Muhammad Sadiq to kill each of the two deceased, whereupon the co-accused first killed Haji Muhammad and thereafter Mst. Sughra, wife of the petitioner, with his kassi. Under these circumstances, learned counsel prays that the sentence of Muhammad Latif, petitioner, may be suspended.
3. Since Muhammad Latif, petitioner, is not attributed any overt act with respect to the death of the two deceased persons, apart from lalkara, the petitioner has made out a case for suspension of his sentence.
4. For the foregoing reasons, this petition is accepted and sentence of Muhammad Latif, petitioner, is suspended and he is admitted to bail, subject to his furnishing proper bail bond in the sum of Rupees twenty-five thousand (Rs. 25,000 only) with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Khanewal.
M.Y.M. Order accordingly.
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