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AMIR BAKHSH versus STATE


Criminal Code of Conduct (CRPC) Section 426 Penal Code (XLV of 1860), Section 326/34 Penalty, Suspicion of any type of aggravated suspension Procedure Suspended and the accused granted bail Curly.

1986 M L D 1110 (1)

[Lahore]

Before Ijaz Nisar, J

AMIR BAKHSH and another‑‑Petitioners

Versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 1 in Criminal Appeal No. 101 of 1984, decided on 19th January 1985.

Criminal Procedure Code (V of 1898)‑‑

‑‑S. 426‑‑Penal Code (XLV of 1860), S. 326/34‑‑Sentence, suspension of‑‑No grievous injury attributed to accused‑‑Operation of sentence suspended and accused granted bail in circumstances.

Sahibzada Farooq Ali and Altaf Ibrahim Qureshi for Petitioners.

Muhammad Ishaque Khan Lodhi for the State.

ORDER

This is an application for suspension of sentences of Amir Bakhsh and Fida Hussain who have been convicted under section 326/34, P.P.C. along with Allah Wasaya and sentenced to 7 years, R.I. and a fine of Rs. 10,000 each.

2. Learned counsel for the petitioners has withdrawn the application of Amir Bakhsh. He states that he would apply again at the appropriate stage and has pressed for .the suspension of sentence of Fida Hussain only. It is stated that no grievous injury is attributed to him and the accused to whom that is attributed has not applied for suspension of sentences.

In the above circumstances, I suspend the operation of sentence of Fida Hussain and admit him to bail in the sum of Rs. 10,000 with two sureties in the like amount to the satisfaction of A. C. Kot Addu.

S.A Appeal accepted

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