Find a Lawyer

Criminal Miscellaneous No.1 in Criminal Appeal No.533 of 1984, decided on 28^th July, 1986.

‑‑‑5.426‑‑Penal Code (XLV of 1860), 5.302/307/148/149 Suspension of sentence‑‑Injuries attributed to accused found to be simple‑‑Two years passed by but their appeal had not been set down for hearing and there were no immediate prospects of same being listed in near future‑‑Sentences suspended and accused released on bail.

Raja Muhammad Anwar for Petitioners.

Nisar Khalil for the State.

Criminal Miscellaneous No.1 of 1986

‑This is a petition under section 426, Cr.P.C. by Rashid, son of Amir and Nazir, sons of Yara, petitioners, for the suspension of their sentences, pending the finel disposal of their appeal. They have been convicted under sections 302/149, 307/149, 324/149 and 148, P.P.C. The maximum sentences awarded to the petitioners life imprisonment each.

2. Arguments heard. Rashid, petitioner, is alleged to have caught hold of Pehlwan, deceased, from his hair and to have given a Lath blow to Khan, deceased, on his right thigh, which was found to be simple. Nazir, petitioner, is alleged to have given Sota blow to Pehlwan, deceased, and a Lathi blow to Khan, deceased, which were found to be simple. Though two years have passed by, the appeal has not been set down for hearing and there are no immediate prospects of the Sam being listed in the near future. In these circumstances, the petitioner are entitled to have their sentences suspended.

3. For the foregoing .reasons, this petition is accepted and the sentences of Rashid and Nazir, petitioners, are suspended and they are released on bail, subject to their furnishing security in the sum o Rupees Thirty Thousand (Rs.30,000) each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Toba Tek Singh.

M.Y. H. Bail granted.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.