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DOST ALI ALIAS ALI DOST versus THE STATE


Criminal Procedure Code (CCPC) Section Suspension26 Trial During the sentencing hearing, the District Public Prosecutor moved a request to withdraw the case, which the district magistrate allowed a copy of the order before the High Court to suspend But the accused ordered the deposit to be paid within one month [bail].

1985 P Cr. L J 1769

[Karachi]

Before Saeeduzzaman Siddiqui, J

DOST ALI alias ALI DOST‑‑Appellant

Versus

THE STATE Respondent

Criminal Miscellaneous Application No. 682/82 in Criminal Appeal No. 121 of 1982, decided on 28th June, 1982.

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

‑‑‑S.426‑‑Suspension of sentence‑‑During trial District Public Prosecutor moved application for withdraw of case which was allowed by District Magistrate‑‑‑Copy of order placed before High Court‑‑Sentence suspended but accused ordered to deposit compensation amount within ore month.‑ [Bail].

Shaikh Rehman Bux for Appellant.

A. Sattar Shaikh, Addl. A.‑G. for the State.

ORDER

It is contended by the learned counsel for the applicant that in fact while trial was going on an application was moved by the District Public Prosecutor for withdrawal of the case which was allowed by the District Magistrate. Learned counsel has placed a photo copy of the N order passed by‑the District Magistrate on the application of District Public Prosecutor. In this view of the matter I am inclined to enlarge the accused on bail in the sum of Rs. 10,000 with one surety and P.R. in the like amount to the satisfaction of trial Court but in so far compensation amount of Rs. 2,000 awarded is concerned it is not stayed and the appellant is directed to deposit the same within one month from today before the trial Court failing which his bail will stand cancelled.

M. A. K.

Bail allowed.

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