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Criminal Miscellaneous No. 1-B of 1985, in Criminal Appeal No. 443 of 1985, decided on 29th July, 1985.
---426--Penal Code (XLV of 1860), Ss.307 & 323--Suspension of sentence--Accused allegedly causing simple injury on buttock with Chhuri--Matter, held, would need determination as to whether act would amount to offence under S.307--Sentence suspended in circumstances.
---S. 426--Penal Code (XLV of 1860), Ss.307 & 323--Suspension of sentence--Accused sentenced one year's R.I.--Sentence under S. 323, P.P.C. having been considered short was suspended and accused was directed to be released on bail.
Ch. Ghulam Murtaza Khan for Petitioner.
Malik Rehmat Khan for the State.
Niamat Masih petitioner has been convicted by a learned Additional Sessions Judge, Sheikhupura vide his judgment, dated 9-7-1985 under section 307, P.P.C. and has been sentenced to seven years' R.I. and a fine of Rs.1,000 or in default two months' R.I. further. He has also been directed to pay Rs.2,000 as compensation to Hameed Masih P.W.
2. The other petitioner, namely Rehmat Masih has been convicted by the same judgment under section 323, P.P.C. and has been sentenced to one year's R.I. and a fine of Rs.500, or in default one month's R.I. further. He has also been directed to pay Rs.500 as compensation to Mubarik Masih P.W.
3. The appeal of the petitioners has already been admitted to regular hearing. Through the under consideration miscellaneous petition, they have sought suspension of their sentence and to be released on bail.
4. Niamat Masih petitioner is alleged to have caused a Chhuri blow on the buttock of Hameed Masih P.W. The injury thus caused has been declared as simple. It is a matter for determination as to whether the act of the petitioner amounts to an offence punishable under section 307, P.P.C.
5. In case of the other petitioner, namely, Rehmat Masih, his sentence is short being one year only under section 323, P.P.C.
6. For the foregoing reasons, sentence of both the petitioners is suspended and they are directed to be released on bail on their furnishing security in the sum of Rs.10,000 (ten thousand) each with one surety PACK in the like amount to the satisfaction of A.C., Sheikhupura.
S. A./774/L Bail allowed.
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