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Criminal Miscellaneous No. 1 of 1986 in Criminal Appeal No. 741 of 1986, decided on 11th January, 1987.

---S. 426--Penal Code (XLV of 1860), S.304, Part II--Sentence, suspension of--Trial Court observing that occurrence took place without premeditation, upon a sudden quarrel and accused not using any weapon in assault nor repeating injuries--Petitioner allowed bail, in circumstances.

Rana Badar Munir for Appellant.

Muhammad Bashir Mirza for the State.

This is a petition on behalf of Naukar Hussain for suspension of sentence. He has been convicted by the learned Sessions Judge, Gujranwala on 11-11-1986 under section 304, Part II, P.P.C. and sentenced to undergo 5 years' R.I. plus fine with benefit of section 382-B, Cr.P.C.

2. Suspension of sentence is urged on the ground that the learned trial Court in para. No. 22 of his judgment has observed that 'the occurrence had taken place without pre-meditation upon a sudden quarrel in the fight which erupted suddenly. If Naukar Hussain had any intention to kill Muhammad Anwar, he must have come to the spot duly armed but admittedly he did not use any weapon in the assault. He also did not repeat the injuries'.

3. In view of the circumstances of the case, I grant the petition and suspend the sentence of the petitioner and admit him to bail subject to his furnishing security in the sum of Rs.15,000 with two sureties in the like amount to the satisfaction of A . C . , Gujranwala.

S. G. D./750/L Bail allowed.

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