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Criminal Miscellaneous No.l (in Criminal Appeal No.627 of 1987), decided on 2nd June, 1987.
---S.426--Penal Code (XLV of 1860), S.302/34--Suspension of sentence--Fatal shot attributed to co-accused--Only allegation against accused was that he trespassed into courtyard of complainant and raised a Lalkara--No injury attributed to appellant--Sentence suspended.
Iqbal Ahmad Qureshi for Petitioner.
Hanif Zahid for the State.
--This is a petition for suspension of sentence of Amir Ali convict who has been sentenced to imprisonment for life and a fine of Rs.10,000/- a/s 302/34, PPC and R.I. for two years and a fine of Rs.500/- a/s 458, P.P.C. with the direction that both the sentences shall run concurrently. Bail is claimed on the ground that no overt act has been attributed to the petitioner except a proverbial Lalkara. The learned State counsel has opposed the prayer.
The fatal shot is specifically attributed to co-convict Muhammad Iqbal. The only allegation against the petitioner was that he trespassed into the courtyard of the complainant and raised a Lalkara. No injury to the deceased has been attributed to him. In view of the role assigned to him, we suspend his sentence subject to his furnishing security in the sum of Rs.50,000/- with two sureties in the like amount to the satisfaction of Assistant Commissioner, Sheikhupura.
M.Y.H./A-99/L Bail granted.
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