Law: Criminal Procedure Code (V of 1898)

Section: 426

Criminal Procedure Code (V of 1898)---   ----S. 426---Suspension of sentence---Accused had prayed for suspension of his sentence contending that he was not nominated in the F.I.R. and that main accusations were made against co-accused and not against him and that recovery effected from accused was not relied upon by the Trial Court---Case against accused was one which called for further consideration---No likelihood of appeal to be heard in near future---Sentence was suspended accordingly, in circumstances.    Rai Muhammad Tufail Khan Kharal for Petitioner.   Syed Mukhtar Sherazi for the State. ORDER Through this criminal miscellaneous, the petitioner Mustafa alias Mohsin alias Musi is asking for suspension of his sentence. According to the learned counsel, he was not nominated in the F.I.R. Learned counsel refers to the following portion of the judgment of the learned Additional Sessions Judge, Faisalabad dated 14-11-2001, in support of his case for suspension of sentence:-- ‘The recoveries shown from the accused Sher Pervaiz, Lai are meaningless, in view of my discussion recorded above. The recovery from the accused Mazhar is not wedded with the crime. Nevertheless this report is not to antangonize the ocular account which is otherwise overwhelming. This is case of single fire and in which there was hardly any chance of recovery of empty. This report, in the circumstances, is rendered meaningless. The recovery from the accused Ghulam Mustafa is of .12 bore gun. It was led to by the accused allegedly after 1-1/2 months of the occurrence. It is not wedded with the crime, therefore, is lending no corroboration. 2. Whereas the case of the appellant side was: ‘The case was registered on the statement of the complainant Exh.P.M. and the same enunciated that Akbari Bibi is resident of Chak No.623/JB. Her family had enmity in Chak and she along with her husband Nausher and children abdicated her own house and settled in the same Chak, however, in the house of her brother Yousaf. On the fateful day at 10-30 a.m. she along with her spouse Nausher, brother Bashir, DaiverAyub were present when all of a sudden from the main door of the house Sher,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492