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Criminal Miscellaneous No. 1 of 1986 in Criminal Appeal No606 of 1986, decided on 28th October, 1986.
‑‑‑S. 426‑‑Penal Code (XLV of 1860), Ss. 304, Part I, 325 & 326‑ Sentence, suspension of‑‑Accused allegedly assaulting witnesses and causing no injury to deceased but themselves receiving injuries in occurrence‑‑Sentences of accused suspended pending decision of appeal in circumstances.
Raja Muhammad Anwar for Petitioners.
Mian Nazir Akhtar for the Complainant
Masoodul Hassan Sabri for the State.
Date of hearing: 28th October, 1986.
This is an application under section 426, Cr.P.C. seeking suspension of sentences imposed upon the petitioners and releasing them on bail pending decision of the appeal filed by them against order of their conviction passed on 28‑6‑1986 by the learned Additional Sessions Judge, Chakwal.
2. Wazir Hussain alias Zaheer, Muhammad Hayat and Kafait petitioners were convicted on the abovementioned dated under section 304, Part I, P.P.C. and each one of them was sentenced to suffer R.I. for ten years and fine of Rs.5,000 or in default to suffer R.I. for two years each. Muhammad Kafait petitioner was also convicted under section 323, P.P.C. and sentenced to R.I. for one year and fine of Rs.300 or to suffer R.I. for two months.
Mehdi Khan, Nazar Hussain and Muhammad Zariat petitioners were also convicted under section 304, Part I , P . P. C . , and each one of them was sentenced to R.I. for 5 years and a fine of Rs.2,500 or in default to undergo R.I. for one year each. Nazar Hussain petitioner was also convicted under section 323, P.P.C. and sentenced to. R.I for one year and a fine of Rs.300 or in default to suffer R.I. for two months.
Muhammad Zariat petitioner was further convicted under section 325, P.P.C. and sentenced to R.I. for three years or to pay fine of Rs.1,000 or in default to suffer R.I. for six months.
3. Learned counsel for these petitioners contended that the complainant party was aggressor and they had caused injuries to the accused party. He, however, was unable to make out a case for suspension of sentences imposed upon these petitioners and their release on bail pending decision of the appeal. I, therefore, reject this application qua the aforementioned petitioners.
Ahmad Khan petitioner had been convicted under section 326, P. P. C. and sentenced to suffer R. I. for five years and fine of Rs.2,000 or in default to undergo R.I. for one year. He allegedly assaulted Mst. Raj Bibi and gave no injury to Muhammad Hayat deceased. Mst. Raj Bibi did not appear at the trial. Ahmad Khan was arrested on 12‑1‑1985 and was not released on bail during the trial. He himself had suffered five injuries on his person.
Similarly Muhammad Khan petitioner was convicted under section 324, P.P.C. and sentenced to suffer R.I. for two years and fine of Rs.500 or in default to suffer R.I. for three months. He assaulted Mutalam Khan P. W. and gave no injury to the deceased. He himself suffered six injuries on his person, out of which one of the incise wounds, was declared grievous. He was arrested on 13‑1‑1985.
The petitioners were given benefit of section 382‑B, Cr.P.C. by the learned trial Court. The case of these petitioners being distinguishable from the rest of the petitioners, I am inclined to suspend the operation of the impugned sentences imposed upon Ahmad Khan and Muhammad, Khan petitioners only, pending decision of appeal anti direct them to' be released on bail provided each of them furnish bail bond in the sum of Rs.30,000 (Rupees thirty thousand) only with one surety in the like amount to the satisfaction of A . C. /M.I. C., Chakwal.
S.A./M‑50/L Sentence suspended.
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