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Criminal Procedure Code, 1898 (V of 1898) --.-- --.-- S. 426(1-A)(c) --.-- Pakistan Penal Code, (XLV of 1860), S. 302(b) --.-- Suspension of sentence --.-- Statutory ground --.-- Period of more than two years has lapsed and the appeal has not been fixed for hearing on any single date --.-- Significantly, even the appeal was admitted for regular hearing --.-- Under proviso (1-A)(c) to Section 426 Cr.P.C in such like circumstances petitioner becomes entitled to suspension of sentence if he is not a desperate and hardened criminal. ORDER Crl. Misc. No. 1/2016 Petitioner, Khalil Ahmed, seeks suspension of his sentence on statutory ground under Section 426 Cr.P.C awarded by the learned Addl. Sessions Judge, Muzaffargarh vide judgment dated 29.04.2014 convicting him under Section 302(b) PPC and sentenced to life imprisonment with fine of Rs. 50,000/- and in case of default of payment of fine to further undergo simple imprisonment for six months, in case FIR No. 282 dated 05.07.2012 under Sections 302, PPC registered at Police Station Qureshi District Muzaffargarh. 2. Arguments heard. File perused. 3. After hearing the learned counsel for the petitioner as well as the complainant and the learned D.D.P.P., it is straightway observed that the allegation against the petitioner as per the complaint (Exh.PH), is that on 05.07.2012, complainant alongwith his brother, Khadim Hussain, was attacked by the petitioner who made straight fire at Khadim Hussain, hitting him on his chest, which shot went through and through. The motive behind the occurrence is the…

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