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ABDUL RAUF versus THE STATE


Criminal Code of Conduct (CR PC) Section 426 Sentencing Suspect Sentenced to Life Prison

1986 P Cr. L J 2687

[Lahore]

Before Ghulam Mujaddid Mirza and Sardar Muhammad Dogar, JJ

ABDUL RAUF Petitioner

Versus

THE STATE‑‑Respondent

Criminal Miscellaneous No.2 of 1986 in Criminal Appeal No. 543 of 1985, decided on 4th March, 1986.

Criminal Procedure Code (V of 1898)

‑‑‑S. 426‑‑Suspension of sentence‑‑Accused sentenced to imprisonment for life‑‑Accused not attributed any injury to deceased‑‑Injuries attributed to accused were simple caused by blunt weapon‑‑Occurrence happening at spur of moment‑‑Accused, held, was entitled to bail in circumstances.

Ijaz Hussain Batalvi, Bar‑at‑Law assisted by M. A. Zafar for Petitioner.

Altaf Muhammad Khan for the State.

Date of hearing: 4th March, 1986.

JUDGMENT

GHULAM MUJADDID MIRZA, J.‑‑

Abdul Rauf son of Nisar Ahmad, whose appeal alongwith that of his co‑accused is pending adjudication in this Court, has prayed for suspension of sentence. He has been sentenced to imprisonment for life.

2. Learned counsel appearing on behalf of the petitioner contends that without going into the question of appreciation of evidence there are good grounds to enlarge the petitioner on bail. Those are that the petitioner is not accused of inflicting any injury to the deceased and the injuries attributed to him were simple, caused by blunt weapon. Counsel further submits that the whole thing happened at the spur of the moment when the Kabaddi match was on. Counsel for the State has not been able to give any effective reply to this. We, therefore, admit the petitioner to bail in the sum of Rs.50,000 (Fifty thousand) with one surety in the like amount to the satisfaction of the trial Court.

S.A. Bail allowed.

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