Case Details

Citation(s)
2012 SLG 2549 2012 SLD 2549 2012 YLR 2308
Supreme Court (AJ&K)
Criminal Miscellaneous No. 6 of 2012, decided on 16th May, 2012
RAJA SAEED AKRAM KHAN, J
Sadaqat Hussain Raja, Advocate for Petitioners. Sardar Karam Dad Khan, Advocate for the Complainant

YASAR ARFAAT and anothers

VS

Law:

Section:

Criminal Procedure Code (V of 1898)-- ----S. 426---Penal Code (XLV of 1860), 5.337-A(i)---Causing Shajjah-i-Khafifah to any person-Suspension of sentence, application for---Sentence awarded to accused persons was only two years and they had already served 14 months' imprisonment which was substantial part of the sentence---No likelihood existed of fixing the appeal for hearing in the near future---Till such time the appeal was fixed, accused persons would have undergone whole of the sentence awarded to them, rendering their appeal to be meaningless---Operation of the was suspended with the direction that accused would be released on bail, subject to furnishing bail bond, in circumstances. Allah Ditta Khan v. The State PLD 2002 SC 845 and Riaz Hussain v. The State and another 2001 SCMR 1779 ref. Makhdoom Javed IIashmi v. The State 2007 SCMR 1844; Sajid Rashid v. The State 2 others Criminal Miscellaneous No.4 of 2012 and Ghulam Abbas and others v. State 1997 MLD 3222 rel. ORDER RAJA SAEED AKRAM KHAN, J.---This is an application for suspension of the sentence passed against the petitioners by the Additional District Criminal Court, Sehnsa and upheld by the Shariat Court vide impugned order dated 4-5-2012. 2. The facts necessary for the disposal of the present application are that in the' above titled case an appeal has been filed before this Court by the petitioners which is under the process of completion. The petitioners have filed this application seeking suspension of their sentence. The petitioners were awarded sentence of two years' R. I. by the Additional District Criminal Court, Sehnsa under section 337-A(i), A.P.C., which has been upheld, on appeal, by the Shariat Court. The petitioners have filed this application seeking suspension of their sentence under section 426, Cr.P.C. on the ground that they have already served 14 months' sentence and were on bail at the time of the judgment of the Shariat Court dated 4-5-2012. The Shariat Court has upheld the sentence of two years awarded to thepetitioners vide impugned judgment .dated 4-5-2012 which has been assailed through an appeal before this Court. 3. Mr. Sadaqat Hussain Raja, the learned counsel for the…
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