| Citation(s) |
|---|
| 2011 SLG 2128 2011 SLD 2128 2011 YLR 573 |
Lahore High Court
Criminal Miscellaneous No. 432-M of 2010 In Criminal Appeal No. 511 of 2009, decided on 24th August, 2010
KH. IMTIAZ AHMAD AND SYED AKHLAQ AHMAD, JJ
Syed Hamid Ali Bukhari for Petitioner. Ch. Muhammad Waheed Khan, D.P.G. for the State. Tanvir Iqbal Khan for the Complainant
Criminal Miscellaneous No. 432-M of 2010 In Criminal Appeal No. 511 of 2009, decided on 24th August, 2010
KH. IMTIAZ AHMAD AND SYED AKHLAQ AHMAD, JJ
Syed Hamid Ali Bukhari for Petitioner. Ch. Muhammad Waheed Khan, D.P.G. for the State. Tanvir Iqbal Khan for the Complainant
MAHMOOD KHAN and anothers
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 426---Penal Code (XLV of 1860), Ss.302/324/147/149---Anti-Terrorism Act (XX VII of 1997), S. 7---Qatl-e-amd, attempt to qatl-e-amd and terrorism---Suspension of sentence, petition for---Co-accused with similar role of indiscriminate firing upon injured prosecution witnesses, having been admitted to bail, accused had also become, entitled to the concession of bail on the principle of rule of consistency---Accused had not been assigned any specific role of causing injury to the deceased---Recovery of .12 bore carbine though had been effected from accused, but it was without matching---Accused was behind the bars for the last more than six years and there was no chance of early fixation of main appeal for hearing before the High Court---Sentence of accused was suspended, in circumstances. ORDER Criminal Miscellaneous No. 432-M of 2010. Through this C.M., Raja Muhammad Saddique/petitioner seeks suspension of sentence awarded to him by the learned Additional Sessions Judge Rawalpindi vide his judgment dated 24-11-2009 in case F.I.R. No. 243 dated 14-11-2004 under sections 302/324/ 147/149, P.P.C. and 7 ATA registered at Police Station Kalar Syedan District Rawalpindi. 2. Learned counsel for the petitioner contends that the petitioner has been convicted under section 302(b), P.P.C., and sentenced to imprisonment for life. He was also directed to pay compensation of Rs.1,00,000 to the legal heirs of the deceased persons. In default of payment, he was to further undergo 3 months' S.I. with benefit of section 382-B, Cr.P.C. 3. It is contended that the petitioner has not been assigned any specific role of causing injury to the deceased or the injured P.Ws. Although recovery of .12 bore Carbine has been affected from the petitioner yet it is without matching. Co-convict Abdul Majeed with similar role has already been admitted to bail by…
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