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Criminal Miscellaneous No.l in Criminal Appeal No. 509 of 1984, decided on 15th December, 1984.
Criminal Procedure Code (V of 1898)--
---S. 426--Penal Code (XLV of 1860), S. 302/307/34--Suspension of sentence pending appeal--One blow attributed to each accused--Such injuries found to be simple in nature--Sentence suspended without going into question of appreciation of evidence.
Aftab Farrukh for Petitioners.
Nemo for the State.
Four persons-Maqsood Ahmad, Safdar, Jahangir and Hamaish were tried for the murder of Muhammad Ishaque and murderous assault on Ghulam Abbas. Jahangir was acquitted by the trial Court. The rest three were convicted under section 302/307 read with 34, P.P.C. Maqsood Ahmad was sentenced to death and the other two to imprisonment for life and a fine of Rs.10,000 each under section 302/34, P.P.C. For causing injuries to Ghulam Abbas, they are sentenced to five years R.I. each and a fine of Rs.5,000 each; ors, in default, one year R.I. The sentences were to run concurrently.
The convicts have appealed to this Court which is pending, adjudication. This is an application for suspension of sentence of Safdar and Hamaish, pending decision of the appeal in this. Court. Notice has already been issued to the State. Nobody has appeared on its behalf.
Allegation against the two petitioners is that they gave one blow each to Ghulam Abbas P.W. with Barchhi and Dang. Both the injuries were found simple. We, therefore, without going into the, question of appreciation of evidence, suspend the sentences of the petitioners provided they furnish bail bonds in the sum of Rs.50,000 (fifty thousand) each with one surety each in the like amount to the satisfaction of A . C . Faisalabad.
S . A .
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