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Criminal Miscellaneous No.1514‑B of 1986 in Criminal Appeal No.625 of 1985, decided on 1st July, 1986.
‑‑‑S.426‑‑Penal Code (XLV of 1860), Ss.302/149 & 324/149‑‑Suspension of sentence‑‑All injuries attributed to accused persons /petitioners were simple in nature and were caused only to prosecution witnesses and not to deceased‑‑Sentence of accused /petitioners suspended in circumstances.
Dr. Khalid Ranjha for Petitioners.
Ijaz Ahmad Choudhri for the State.
JAVID IQBAL
, C.J.‑ We have before us application for suspension of the sentence of Ghulam Haider, Muhammad Arsahd, Ghulam Haider son of Manak and Muhammad Ilyas petitioners. Out of them, Muhammad Ilyas petitioner was armed with Chhuri and the rest were stated to be armed with sotas.
2. It is contended by the learned counsel for the petitioners that the facts of this case are given in the order where some of the co‑accused of the petitioners were admitted to bail as their sentence was suspended vide our order, dated 2‑3‑1986. It is also submitted that none of the petitioners caused any injury to the deceased in the instant case. The injuries attributed to them are simple in nature and had been caused to P.Ws, namely, Nazar Hussain Shah, Mst. Nur Bibi and Wajid Ali Shah. It is stated that Muhammad Ilyas petitoner is stated to have given a chhuri blow on the chest of Wajid Ali Shah P.W. and this is simple injury. Again Ghulam Haider son of Manak and Muhammad Arshad petitioners are stated to have given Sota blows which fell on the right knee and left shoulder of Nazar Hussain Shah P.W. and these are simple injuries. Ghulam Haider petitioner is stated to have given a sota blow which fell on the head of Mst. Nur Bibi P.W. and this is also a simple injury. .
3. Since all the injuries attributed to the petitioners are simple in nature and caused only to the P.Ws and not to the deceased, we A suspend their sentence and admit them to bail subject to their furnishing security in the sum of Rs.25,000 (twenty five thousand only) each with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Gujrat.
H.A.K. Sentence suspended.
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