Case Details

Citation(s)
2015 SLG 1077 2015 SLD 1077 2015 YLR 2665
Lahore High Court
Cr. M. No. 1 of 2013 in Crl. Appeal No. 448 of 2012, decision Date : 04-08-2015.
CH. MUSHTAQ AHMAD, JUSTICE, ASLAM, JAVED MINHAS, JUSTICE
Mudassar Altaf Qureshi for Petitioners. Sh. Jamshed Hayat for the Complainant. Malik Riaz Ahmad Saghla, DPG for the State.

MUHAMMAD AFZAL AND OTHERS

VS

THE STATE AND OTHERS

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.426---Penal Code (XLV of 1860), Ss.302(b), 34 & 337-F(i)--- Qatl-i-amd, common intention, causing Damiah---Sentence, suspension of---Accused persons, were on bail pending appeal, and thereafter, they were arrested, and they had served out about 12 years of their sentence---Co-accused, to whom the role of firing at the deceased, was attributed, had been convicted and sentenced to death---No likelihood of early conclusion of the main appeal in near future existed---Prosecution could not point out any material against accused persons, showing that they were previously involved in such like cases---Further captivity of accused persons in jail, would not serve any useful purpose to the prosecution---Accused persons, were entitled to be released on bail by suspending their sentence---Sentence of accused persons, was suspended subject to their furnishing bail bonds. THIS ORDER PASSED BY: CH. MUSHTAQ AHMAD, JUSTICE:---.--- C.M. No. 1 of 2013 Petitioners Muhammad Hayat and Bashir Ahmad through the instant petition have sought suspension of their sentence awarded to them by the learned Addl. Sessions Judge, Kabirwala, District Khanewal in case FIR No. 203/2004, dated 22-5-2009, under Sections 302, 337-A(ii), 337-F(i)/34, P.P.C. registered at Police Station Saddar Kabirwala and vide judgment dated 21-10-2013 they were convicted under Section 302(b)/34, P.P.C. to imprisonment for life each with a fine of Rs.50,000 each as compensation under section 544-A, Cr.P.C. to be paid to the legal heirs of the deceased, in default of which to further undergo three months S.I. each. They were further convicted under Section 337-F(i), P.P.C. and sentenced to one year R.I. each with daman of Rs.10,000 to be paid to injured Mureed Abbas, in default thereof they would be kept in jail till the realization of the same. Benefit of Section 382-B, Cr.P.C. was, however, extended to them. 2. Arguments heard. Record perused. 3. Perusal of the file reveals that previously the petitioners along with their co-accused, Afzal were convicted and sentenced vide judgment dated 30-4-2007. All the convicts preferred Crl.A. No.…
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