Law: Code of Criminal Procedure (CrPC), 1898

Section: 426

Law: Pakistan Penal Code, 1860

Section: 302(b), 452, 148 & 149

Criminal Procedure Code (V of 1898)-------S. 426---Penal Code (XLV of 1860), Ss. 302(b), 452, 148 & 149---Qatl-i-amd, house-trespass, having made preparation for causing hurt to any person or for assaulting any person or for wrongfully restraining any person, rioting armed with deadly weapons, unlawful assembly---Suspension of sentence pending appeal--Convict sought suspension of execution of his sentence on merits---Accused were charged for committing murder of the deceased by firing---Record showed that a co-accused, who as per case of the prosecution, caused injury to the deceased of the case as well as two other co-accused persons, whose roles were at par and similar with the petitioner, had already been acquitted in the case by the Trial Court on the basis of same evidence through the same impugned judgment---As per case of the prosecution, pistol was recovered from a co-accused, whereas pistol and .44 bore rifle were recovered from present applicant however after going through the impugned judgment, it had been apprised by counsel for both the parties as well as prosecutor that it had not been mentioned in the impugned judgment that empties secured from the place of occurrence were found as having been fired from said weapons---When all said factors were taken into consideration in totality, then conviction recorded and sentence awarded to the present applicant needed reappraisal of evidence---Applicant/convict was on bail during trial of the case and nothing was available on the record to show that he misused said concession---In such circumstances, case of the applicant for suspension of execution of the sentence had been made out---Resultantly, application was allowed.Soba Khan v. The State and another 2016 SCMR 1325 and Rafaqat Ahmad v. The State 1994 SCMR 1206 rel.ORDERCriminal Miscellaneous No. 1 of 2023.FAROOQ HAIDER,---Through instant miscellaneous application, Muhammad Waseem (applicant/convict) seeks suspension of execution of sentence awarded to him by learned Addl. Sessions Judge, Lahore/trial court vide impugned judgment dated: 28.02.2023 passed in complaint case titled as "Amjad Ali v. Muhammad Saleem, and others" in case arising out of…

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