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Criminal Miscellaneous No. 4 of 1985 in Criminal Appeal No. 141 of 1984, decided on 4th June, 1985.
Criminal, Procedure Code (V of 1898)‑
‑‑‑S. 426‑‑Penal Code (XLV of 1860), S. 366/34‑‑Suspension of sentence‑‑Accused allegedly participating only in abduction‑‑Appeal not set down for hearing although more than one year had passed‑‑Accused, held, entitled to be released on bail in circumstances‑‑Petition was, therefore, accepted and sentences suspended.
Malik Saeed Hassan for Petitioners.
Muhammad Bashir for the State.
This is a petition under section 426, Cr. P.C. by Nazir alias Naziru and Shera, petitioners, for the suspension of their sentences pending the final disposal of their appeal. The petitioners have been convicted under section 366/34, P.P.C. and sentenced to seven years' rigorous imprisonment each.
2. Arguments heard. The only part attributed to the petitioners is that they participated in the abduction of Mst. Naziran. Though more than a year has passed since the conviction of the petitioners, the h appeal has not been set down for hearing. In these circumstances, the petitioners are entitled to be released on bail.
3. For the foregoing reasons, this petition is accepted and the sentences of Nazir alias Naziru and Shera, petitioners, are suspended and they are released on bail, subject to their furnishing security ins the sum of Rupees Thirty Thousand (Rs.30,000) each with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Mandi Bahauddin.
S.A. Petition accepted.
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