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Criminal Miscellaneous No. 1 of 1985 in Criminal Appeal No. 244 of 1984, decided on 19th February, 1985.
‑‑‑5.426‑‑Penal Code (XLV of 1860), S.302‑‑Sentence, suspension of‑‑No injury attributed to accused but allegedly holding deceased in grip‑ Co‑accused responsible for similar role already acquitted by Trial Court‑‑Abcused allowed bail, in circumstances.
Sahibzada Farooq Ali and Altaf Ibrahim Qureshi for Appellants.
Mirza Agha Khurrum for the State.
This is an application for suspension of the sentence of the petitioner. He was tried alongwith 10 others for the murder of Mehboob Ali deceased. The petitioner and his brother Haq Nawaz were sentenced to imprisonment for life and fine while nine of the co‑accused were acquitted.
2. Learned counsel for the petitioner states that no injury to the deceased is attributed to the petitioner and he was only alleged to have held him. Manzoor co‑accused who was also alleged to have held the deceased was acquitted. Haq Nawaz co‑accused had admitted the occurrence and stated to have acted under grave and sudden provocation because the deceased was suspected to be on illicit intimacy with his niece. Learned trial Court had observed that the deceased was not of good character and had been involved in theft cases and that his father had got published an advertisement in a newspaper showing his disconnection with him.
3. In the above circumstances, 1 feel persuaded to suspend operation of the petitioner's sentence. 'I order accordingly. He shall be released on bail on furnishing surety bonds in the sum of Rs:30,000 with two A sureties in the like amount to the satisfaction of A.C. Chobara.
S.G.D. Bail allowed.
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