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ALLAH BAKHSH versus THE STATE


Criminal Code of Conduct (CRPC) Section 426 Penal Code (XLV of 1860), Section 302 Sentencing The accused accused of hanging in prisons for the last three years is under trial and the paper book is not yet ready. Has been suspended

1985 P Cr. L J 527

[Lahore]

Before Ghulam Mujaddid Mirza and Khizar Hayat, JJ

ALLAH BAKHSH‑‑Petitioner

versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 1 of 1982 in Criminal Appeal No. 41 of 1981, decided on 20th December, 1982.

Criminal Procedure Code (V of 1898)‑‑

‑‑‑S.426‑‑Penal Code (XLV of 1860), S.302‑‑Suspension of sentence‑ Appeal of accused pending adjudication‑‑Allegation against him that of Japha‑‑Accused behind bars for last about three years and paper book not yet prepared‑‑Sentence suspended.

Sahibzada Farooq Ali Khan for Petitioner.

T. H. Jillani, A.A.‑G. for the State.

ORDER

GHULAM MUJADDID MIRZA, J.

‑‑ The petitioner has been convicted under section 302, P.P.C. alongwith another. He has been sentenced to imprisonment for life. His appeal is pending adjudication.

2. This is an application for suspension of sentence. The allegation against him is that of Japha. He has been behind the bars for the last about three years. The paper book has not yet been prepared.

Accordingly we suspend the sentence of the petitioner and direct that he shall be released on bail subject to his furnishing bail bond in the sum of Rs.50,000 (Fifty Thousand), with one surety in the like amount to the satisfaction of A. C., Multan.

M. Y. H. Sentence suspended.

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