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SANAULLAH versus THE STATE


Sections 2302, 34, 4 324 and 3 323 fully support the version of the eyewitness prosecution as stated in the first information report that the presence of witnesses at the scene of the incident yielded considerable natural and potential property from the accused. How was the shotgun married and the accused recovered? Offering positive and independent harmony for eye witness testimonies, staining of human blood

1987 M L D 1960

[Lahore]

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

MAZHAR SAEED--Petitioner

versus

THE STATE--Respondent

Criminal Miscellaneous Nos.1 and 238-M-86 in Criminal Appeal No.88 of 1986, decided on 6th July, 1986.

Criminal Procedure Code (V of 1898)--

---S.426--Penal Code (XLV of 1860), S.302/34--Suspension of sentence--Bail--Accused, sentenced to imprisonment for life, attributed only part of holding deceased--Sentence suspended and accused granted bail.

Dr.Farooq A . Chaudhry for Petitioner.

Date of hearing: 29th April, 1986.

ORDER (dated 29-4-1986)

JAVID IQBAL, C.J.

--This is a petition for transfer of connected Murder Reference alongwith Murder Appeal No.88/86 pending at present at Multan Bench to the Principal Seat at Lahore. It can be so transferred. The office to get the record of the aforesaid Murder Appeal alongwith connected Murder Reference and after getting its record printed to fix it at the Principal Seat at Lahore for final disposal.

Dr.Farooq A . Chaudhry for Petitioner.

Date of hearing: 12th May, 1986.

ORDER (dated 12-5-1986)

JAVID IQBAL, C.J.

--This is an application for suspension of sentence and bail of Nasar Saeed petitioner who has been convicted under section 302/34 P.P.C. and sentenced to life imprisonment plus fine. It is contended that the part ascribed to him is only that of holding the deceased.

2. Admit. Notice. Put up alongwith the record.

Dr. Farooq A. Chaudhry for Petitioner.

Shahnawaz Khan for the State.

Date of hearing: 6th July, 1986.

ORDER (dated 6-7-1986)

JAVID IQBAL, C.J.

--In continuation of our order dated 12-5-1986, it is conceded by the learned counsel for the State that the part attributed to the petitioner is only of holding the deceased.

2. In that view of the matter, we suspend his sentence and admit him to bail subject to his furnishing security in the sum of Rs.30,000 (Thirty thousand only) with two sureties each in the like amount to the satisfaction of A.C. Pakpattan.

This petition stands disposed of.

M.Y.H./M-315/L

Life imprisonment suspended.

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