Case Details

Citation(s)
2004 SLG 2556 2004 SLD 2556 2004 PLD 79
Lahore High Court
Criminal Miscellaneous No. 1 in Criminal Appeal No. 182-J of 2003, decided on 4th December, 2003
ASIF SAEED KHAN KHOSA AND M. BILAL KHAN, JJ
Anwar Hussian for Petitioner. Miss Anila for the State. Sadaqat Mehmood Butt for the Complainant

MUHAMMAD SHAHID FAROOQ alias SHAHDA

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 426---Penal Code (XLV of 1860), Ss.302/34, 109, 148 & 149--­Suspension of sentence---Accused had not caused any injury to any person during the alleged occurrence and he stood saddled with responsibility of indulging in ineffective firing only---Nothing had been recovered from possession of accused during investigation---Investigating Officer had found that accused was not armed with any weapon during the occurrence­--Accused had already spent more than two years in jail in connection with the case---Question regarding sharing of common intention by the accused with his co-accused also question regarding his vicarious liability for the offence allegedly committed by his co-accused were questions which would require serious re-consideration at the time of hearing of main appeal---Sentence of imprisonment passed against accused by Trial Court, was suspended and he was admitted to bail. ORDER Through this petition Muhammad Shahid Farooq alias Shahda petitioner-appellant has sought suspension of his sentence of imprisonment and release on bail during the pendency of his appeal before this Court. 2. After hearing the learned counsel for the parties and going through the impugned judgment passed by the learned trial Court we have observed that admittedly the petitioner had not caused any injury…
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