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MUHAMMAD HUSSAIN versus STATE


Criminal Code of Conduct (CR PC) Section 426 of the Conduct Rule (XLV of 1860), Section 302/34 Punishment suspended in which Sota was an armed suspect but not attributed to the fact that he had used Sota but about I was told that he was killed in Japan while others executed fatal blows on the late death sentence and the accused granted bail.

1986 M L D 1689 (1)

[Lahore]

Before Javed Iqbal, C.J. and Ijaz Nisar, J

MUHAMMAD HUSSAIN Petitioner

Versus

THE STATE Respondent

Criminal Miscellaneous No. 1 in Criminal Appeal No. 184 of 1986, decided on 28th April 1986.

Criminal Procedure Code (V of 1898)

‑‑‑S. 426--‑Penal Code (XLV of 1860), S. 302/34‑‑Suspension of sentence‑‑Accused armed with a Sota but part attributed to him was not that he used Sota but was stated to have held' deceased in Japha while others inflicted fatal blows at deceased‑‑Sentence suspended and accused admitted to bail.

Syed Kamal Mufti for Petitioner.

Malik Muhammad Yousaf for the State.

ORDER

JAVED IQBAL, C.J.‑

In continuation of our order, dated 5‑4‑1986 we have heard the learned counsel for the parties. Muhammad Hussain petitioner was stated to be armed with a Sota but the part attribute to him is not that he used Sota but on both occasions, he is stated 2 have held the deceased in Japha while the others inflicted fatal blow at the two deceased.

2. Since only Japha is attributed to Muhammad Hussain, petitioner, we suspend his sentence and admit him to bail subject to his furnishing security in the sum of Rs. 25,000 (Rupees Twenty‑five thousand only with two sureties each in the like amount to the satisfaction of A . C . Kasur'.

3. This petition is disposed of.

M.Y.H. Sentence suspended.

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