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Criminal Appeal No. 455 of 1984, decided on 25th May, 1985.

‑‑‑--S. 426‑‑Penal Code (XLV of 1860), Ss. 307, 452 & 148‑‑Suspension of sentence‑‑Seven accused charged under S. 148/307/452, P.P.C.‑‑Three of accused armed with knives, others with Lathis‑‑Specific injuries attributed to three armed with knives while general allegations made against others‑‑Injuries attributed to two accused armed with knives found to be grievous and dangerous to life while injury attributed to third accused armed with knife was found to be simple‑‑All stick injuries simple in nature‑‑Accused armed with sticks, held, were entitled for suspension of their sentences during pendency of appeal‑‑Prayer of suspension of sentence for others refused.

S.M. Latif Khan Khosa and Syed Shabir Ali Rizvi for Petitioners Nos. 1 to 5.

Muhammad Raft Siddiqui for the State.

The petitioners stand convicted under sections 148, 307 and 452, P.P.C. Under section 148, they have been sentenced to three years' R.I. each under section 307, P.P.C. , six years' R.I. each under section 452, P.P.C., six years' R.I. each. All the sentences were ordered to run concurrently.

The appeal is being adjourned for non‑appearance of Mr. M.B. Zaman, counsel for the complainant. On the last date of hearing it was mentioned in the order that in case Mr. M.B. Zaman, Advocate is not available on the next date of hearing, the prayer for suspension of sentence shall be considered. Mr. M.B. Zaman, Advocate is not available even today.

3. Seven petitioners are charged with murderously assaulting Muhammad Khan P.W. with knives and sticks. Munawar, Mumtaz and Firdaus carried knives while Abdul Aziz, Zafar, Riaz and Mirza Khan were armed with Lathis. All of them are alleged to have attacked and injured Muhammad Khan. The attack was opened by Munawar who was armed with a knife. Specific knives injuries are attributed to Munawar, Mumtaz and Firdaus. The injuries of Munawar and Mumtaz were found grievous and dangerous to life while the injury attributed to Firdaus and other petitioners were simple in nature. The injury attributed to Firdaus was on the wrist and was simple in nature. No specific injury is attributed to Abdul Aziz, Zafar, Mirza Khan and Riaz but there is a general allegation against them that they also indulged in assaulting Muhammad Khan after he had been given knives injuries by Munawar, Mumtaz and Firdaus.

4. In these circumstances, I feel persuaded to suspend the sentence of Abdul Aziz, Zafar, Mirza Khan and Riaz to whom simple sticks injuries are attributed. They shall be released on bail on furnishing surety bonds in the sum of Rs. 20,000 each with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, Sargodha.

5. However, the prayer for suspension of sentence in respect of Munawar, Mumtaz and Firdaus is dismissed because specific knives injuries are attributed to them. They may, however, apply again if the appeal is not disposed of in time.

S.A. Petition partly accepted.

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