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AHMAD YAR versus THE STATE


Criminal Code of Conduct (CCPC) Sections 6161A and 6 516A Panel Code (XLV of 1860), rejecting a petition for the Supervision of a Case Property Magistrate for a Section 380/411 Magistrate's Order Dismissing the request, the parties directed them to obtain the title of case property. Decided by the civil court, the court decided on the title of the property and directed the accused applicant to repeat his application before the magistrate if he advised.

1987 M L D 2311(1)

[Lahore]

Before Muhammad Rafiq Tarar and Ijaz Nisar, JJ

MUHAMMAD ASLAM alias ACHHI and another--Petitioners

versus

THE STATE--Respondent

Criminal Miscellaneous No.1 of 1985 in Criminal Appeal No.621 of 1984, decided on 17th June, 1985.

Criminal Procedure Code (V of 1898)--

---S.426--Penal Code (XLV of 1860), S.302--Suspension of sentence- Part attributed to accused was that he raised. Lalkara and took deceased into his hold and thus facilitated commission of murder--No injury, caused to deceased, attributed to accused--Sentence suspended in circumstances.

Nawazish Ali Asadi for Petitioner.

Sh.Naseer-ud-Din Ahmed for the State.

ORDER

This is a petition for suspension of sentence on behalf of Muhammad Rafiq alias Feeqa alias Bau petitioner who has been convicted under section 302/34 P.P:C. and sentenced to life imprisonment and a fine of Rs.10,000 or in default to undergo further rigorous imprisonment for three years. The part attributed to the petitioner is that he raised a Lalkara and took the deceased into his hold and thus facilitated the commission of murder. Since no injury to the deceased has been attributed to the petitioner, 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 Deputy Registrar (Judicial) of this Court.

M.Y.H./M-341/L Petition allowed.

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