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MUHAMMAD USMAN versus STATE


Criminal Code of Conduct (CR PC) Section 426 Conventional Code (XLV of 1860), Section 302 Guarantee, Although no one has been hurt by gun fire yet, applicant's grant guarantees

1985 M L D 864 (1)

[Lahore]

Before Muhammad Munir Khan, J

MUHAMMAD USMAN--Petitioner

versus

THE STATE--Respondent

Criminal Miscellaneous No. 657 of 1983, decided on 31st December, 1983.

Criminal Procedure Code (V of 1898)-

---S. 426--Penal Code (XLV of 1860), S. 302--Bail, grant of Petitioner although armed with gun yet causing no injury to anyone--Held: A fit case for suspension of execution of sentence, in circumstances Petitioner allowed bail.

M. Latif Khan Khosa for Petitioner.

Muhammad Rafiq for the State.

Date of hearing: 31st December, 1983.

ORDER

This is an application on behalf of Muhammad Usman petitioner for the suspension of the execution of sentence. Muhammad Usman petitioner alongwith his brother Muhammad Umar stands convicted under section 302/34, P.P.C. and sentenced to imprisonment for life.

2. Learned counsel for the petitioner submits that the petitioner did not cause any injury to any one.

Learned counsel for the State has, however, opposed this application.

3. After hearing the learned counsel for the parties, I find that the petitioner although armed with gun yet did not cause any injury to anyone. In this view of the matter, I am of the opinion that it is a MIA case for the suspension of the execution of sentence. He is allowed A bail in the sum of Rs.20,000 with one surety in the like amount to they satisfaction of A.C./Duty Magistrate, Bhakkar.

S. G. D.

Bail allowed

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