Law: Criminal Procedure Code (V of 1898)

Section: 426

Law: Penal Code (XLV of 1860)

Section: 302,201,109/34

Criminal Procedure Code (V of 1898)---   ----S. 426---Penal Code (XLV of 1860), Ss.302, 201, 109/34---Suspension of sentence---Application for---Accused was convicted and sentenced to five years out of which he had already served out more than a year---No likelihood was of the fixation of appeal in the near future---Allowing application, sentence awarded to accused was suspended and accused was directed to be released on bail. ORDER SYED SAJJAD HUSSAIN SHAH, J.---Through this petition under section 426, Cr.P.C., the petitioner Saeed Ahmad seeks suspension of his sentence awarded to him by the learned Additional Sessions Judge, Layyah vide judgment, dated 27-4-2007 in a case F.I.R. No.73, dated 26-3-2006 registered under sections 302/201/109/34, P.P.C. at Police Station City Layyah, whereby he was convicted under sections 201/109, P.P.C. and sentenced to him five years' R.I. and a fine of Rs.5000. In case of default in payment of fine he shall further undergo simple imprisonment for a period of two months. Benefit of section 382-B, Cr.P.C. was also extended to the petitioner. 2. Learned counsel for the petitioner submits that the appeal of the petitioner will be heard along with other co-accused who were convicted and sentence under section 302(b), P.P.C. and essentially will take some time and the petitioner who was awarded the sentence of five years has already served out…

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