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Criminal Miscellaneous No.1 of 1983 in Criminal Appeal No.66 of 1983, decided on 20th December, 1983.
---S.426--Penal Code (XLV of 1860), 5.304-I--Suspension of execution of sentence--Trial Court disbelieving prosecution case but basing conviction on statement of accused and co- accused--Co-accused categorically stating that injuries were caused by accused alone--Case, held, fit for suspension of sentence--Bail granted.
M. R. Khalid for Petitioners.
Nemo for the State.
Date of hearing: 20th December, 1983.
This is an application for suspending the execution of sentence on behalf of Muhammad Nawaz and Sajid Nawaz petitioners. The application to the extent of Muhammad Nawaz was rejected on 22nd November, 1983 and notice in case of Sajid Nawaz was given. Sajid Nawaz petitioner stands convicted under section 304-I, P.P.C. and sentenced to 7 years' R.I. and a fine of Rs.2,000 in default thereof to further R. I. for 3 months.
2. Learned counsel for the petitioner suggests that the prosecution case having been disbelieved the statement of Sajid Nawaz should have been accepted in its entirety wherein he stated that Muhammad Nawaz alone caused injuries to the deceased.
Learned counsel for the State has, however, opposed this application on the ground that Sajid Nawaz has also been found equally responsible for the murder of the deceased.
3. I have considered the arguments advanced by the learned counsel with care. I find that in para. No.14 of the judgment, trial Court has disbelieved the prosecution case, and has based the conviction is based on the statement of Muhammad Nawaz and Sajid Nawaz and that Sajid Nawaz has categorically stated that the injuries were caused by Muhammad Nawaz alone.
Without making any expression lest it may prejudice the merits of the appeal, I am of the view it is a fit case for the suspension of the execution of sentence. The petitioner, Sajid Nawaz is allowed bail in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Sahiwat.
M. Y. H. Bail granted
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