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CHANAN versus STATE


Criminal Code of Conduct (CRPC) Section 426 of the Penal Code (XLV of 1860), Section 304/325 Suspension of sentence If the expiration of the term of one year expires, the execution of the sentence and the grant of bail conditions Will be

1986 M L D 1120

[Lahore]

Before Ijaz Nisar, J

C H A N A N‑‑Petitioner

Versus

THE STATE‑‑Respondent

Criminal Miscellaneous No. 1 of 1984 and Criminal Appeal No. 205 of 1983, decided on 19th January, 1985.

Criminal Procedure Code (V of 1898)

‑‑‑5. 426‑‑Penal Code (XLV of 1860), S. 304/325‑‑Suspension of sentence Pending appeal‑‑Statutory period of one year having expired‑‑No likelihood of early disposal of appeal‑‑Operation of sentence suspended and bail allowed in circumstances.

Sahibzada Farooq Ali Khan and Altaf Ibrahim Qureshi for Petitioner.

Mazhar Hussain Mohal for the State.

ORDER

This is an application for the suspension of sentence dated 30‑8‑1983. The petitioner has been sentenced to 7 yearst R.I. under section 304, Part I, P.P.C. and to one year R.I. under section 325, P. P. C . Both the sentences were ordered to run concurrently. It is stated that Muhammad Shafi to whom injuries to the deceased were attributed has been acquitted while the petitioner to whom an injury to Sadiq P. W. was attributed has been convicted and awarded the aforementioned sentences.

2. The statutory period of one year has expired. There is not likelihood of the disposal of the appeal at an early date. I, therefore, suspend operation of the sentence and admit the petitioner to bail in[ the sum of Rs. 20,000 with two sureties in the like amount to the satisfaction of A . C . Leiah.

S. A. Sentence suspended.

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