Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 426---Penal Code (XLV of 1860), Ss.302(b)/324/337-F(vi)/34/148/149---Qatl-e-amd, attempt to commit qatl-e-amd, ghayr - jaifah - mutalahimah, common intention, rioting armed with deadly weapons, unlawful assembly---Suspension of sentence---Delay in decision of appeal---Medical grounds---Contentions of the accused were that there was no allegation against him for causing any injury to any of the deceased; that only allegation against the accused was that he had caused injuries to the injured with carbine; that injury attributed to the said injured had been declared to be falling under S.337-F(iii), P.P.C; that accused was allowed bail by the High Court on the basis of his age and sickness and he remained present before the court during the whole trial; that there was no evidence against the accused to attract S. 34, P.P.C and such fact should finally be determined at the time of his appeal, which was not in sight in the near future---Validity---According to the prosecution the fatal shots had been attributed to the co-accused and allegations against the accused were that he waylaid the complainant party, caused injuries to the injured and raised 'lalkara'---Question as to whether the accused was vicariously liable for the act of his co-accused needed serious consideration at the time of hearing of the main appeal---Accused had remained on bail during the course of his trial and there was no likelihood of hearing of his appeal in the near future---Accused was more than 70 years old and his medical reports revealed that he was sick---Petition was allowed and sentence of accused was suspended till the final disposal of his appeal. Maqsood v. Ali Muhammad and another 1971 SCMR 657 and Haji Mir Aftab v. The State 1979 SCMR 320 rel. ORDER Criminal Miscellaneous No.1 of 2011. Through this petition, petitioner/ appellant Niamat Ali seeks suspension of his sentence, who has been convicted and sentenced by the learned trial Court as under:-- (i) Imprisonment for Life under section 302(b)/34, P.P.C. on two counts with a compensation of Rs.200,000 under section 540-A, Cr.P.C. to the legal heirs of each deceased and in default of…

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