Case Details

Citation(s)
2012 SLG 2626 2012 SLD 2626 2012 YLR 2627
Lahore High Court
C.M. No. 1 of 2011 in Criminal Appeal No. 1104 of 2007, decided on 22nd December, 2011
RAUF AHMAD SHEIKH, J
Maaz Allah Khan Sherwani for the petitioner. Mian Humayun Aslam, D.P.G., for the State. Rana Muhammad Saeed Akhtar for the Complainant

MUHAMMAD TAHIR

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- ---S. 426---Penal Code (XLV of 1860), Ss.302/148/149--- Qatl-e-amd, rioting armed with deadly weapons---Suspension of sentence---Accused had been acquitted in all other cases and was previously a non-convict---Adverse findings of Trial Court against accused and his involvement in criminal cases in the past, which ended in acquittal, did not show that he was a desperate, dangerous or hardened criminal---Accused's appeal having not reached its logical end without any fault on his part, his sentence was suspended and he was released on bail accordingly. ORDER RAUF AHMAD SHEIKH, J.---The petitioner seeks suspension of sentence of imprisonment for life awarded to him vide judgment dated 31-5-2007 passed by the learned ASJ/JOP, Kasur, in case F.I.R. No. 197 of 2004 dated 26-5-2004 Police Station Khudian, District Kasur, under sections 302/ 148/ 149, P.P.C. 2. Learned counsel for the petitioner has contended that the petitioner was arrested in the abovementioned case on 31-12-2004 and is behind the bars since then. It is urged that the delay in disposal of the appeal has not been caused by the petitioner or anyone acting on his behalf. It is urged that the petitioner was involved in some cases in the past but has been acquitted so is entitled to his release on bail through suspension of sentence. 3. Learned counsel for the complainant has contended that a criminal revision for enhancement of the sentence has been filed but conceded that the same has still not been admitted to hearing and notice has not been issued. Mere filing of the criminal revision is no bar on acceptance of the application under section 426, Cr.P.C. 4. The learned D.P.-G. has contended that after findings of the…
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