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Criminal Miscellaneous No. 1 of 1985 in Criminal Appeal No673 of 1984, decided on 11thMay, 1985.
‑‑‑S. 426‑‑Penal Code (XLV of 1860), S.302/34‑‑Suspension of sentence‑‑Bail‑‑Accused, convicted for life imprisonment, allegedly catching hold of deceased from his back and as such facilitating his co‑accused to give knife blow to deceased‑‑Question whether accused was present and if so whether he caught hold of deceased, requiring examination‑‑Sentence suspended and bail allowed.
Ch. Aitzaz Ahsan for Petitioner.
Muhammad Ashraf Khan for the State.
‑‑ This is a petition under section 426, Cr.P.C. filed by Abdul Sattar alias Sain, petitioner, for the suspension of his sentence pending the final determination of his appeal. The petitioner has been convicted under section 302/34, P.P.C. and has been sentenced to life imprisonment with a fine of Rs.5,000 or in default to suffer R.I. for two years.
2. Arguments heard. Abdul Sattar alias Sain, petitioner, is alleged to have caught hold of the deceased from his back, which facilitated Sardar Ali, co‑appellant, to give a knife blow to the deceased on his chest. The question whether Abdul Sattar alias Sain, petitioner, was present and, if so, he did hold the deceased in his Japha, is a matter which requires examination.
3. For the foregoing reasons, this petition is accepted and Abdul Sattar alias Sain, petitioner, is released on bail, subject to his furnishing security in the sum of Rupees thirty thousand (Rs.30,000) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Faisalabad.
M. A. K.
Bail allowed.
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