Law: Criminal Procedure Code (V of 1898)

Section: 426

Law: Penal Code (XLV of 1860)

Section: 302/148/149/109

Law: Anti Terrorism Act, 1997

Section: 7

(a) Criminal Procedure Code (V of 1898) -- S. 426 Penal Code (XLV of 1860), Ss.302/148/149/109 Anti¬Terrorism Act (XXVII of 1997), S.7 Suspension of sentence and grant of bail Complainant had given names of all the accused person:, except four unknown persons, alongwith their respective weapons but no role had been attributed to the accused Complainant in his statement admitted that the accused was confined in ‘D’ Jail at rite time of occurrence Another witness had made allegation of abetment only against the accused Sentence of the accused was suspended and he who admitted to bail. (b) Criminal Procedure Code (V of 1898) -- S. 426 Penal Code (XLV of 1860), Ss.302/148/149/109—Anti-Terrorism Act (XXVII of 1997), S.7 Contention was that the name of the accused had been included in the list of convicts on account (If inadvertence Trial Court had acquitted the accused, of the charge of abetment in a paragraph of but named him amongst the persons convicted Effect Held, although it appeared to be extremely unusual but may be on account of large number of accused and deceased a mistake was committed and the name of the accused was included amongst the convicts, it would, therefore, be unjust to keep the accused confined in jail and to await the decision of the appeal Sentence of the accused was suspended and he was admitted to bail. Munir Ahmad Bhatti for Petitioner. Abdul Rasheed Monan for the State. ORDER Sentence awarded to the petitioner is sought to be suspended who has been convicted under section 302(b), P.P.C. read with section 149, P.P.C. and sentenced to death on ten counts i.e. nine time, for the murders of nine deceased i.e. Mst. Jawai, Mst. Sahiban, Mst Nasiran Shafqat, Mst. Guriya, Manzoor, Zahid, Arshad, Mehdi Hassan and on tenth count under section 7 of A.T.A. On the first impression, it appears to be extremely unusual rather paradoxical to seek suspension of sentence of a convict who has been sentenced to death on ten counts as noted above but the learned counsel has come up with the plea that in fact the petitioner/appellant was not found guilty by the learned trim Judge himself and findings in this behalf have been recorded in the impugned judgment.…

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