| Citation(s) |
|---|
| 2010 SLG 2829 = 2010 SLD 2829 = 2010 MLD 1087 |
Lahore High Court
Criminal Miscellaneous No. 1 in Criminal Revision No.208 of 2010, decided on 13th April, 2010.
Presented By: Muhammad Anwar Bhour, J
Criminal Miscellaneous No. 1 in Criminal Revision No.208 of 2010, decided on 13th April, 2010.
Presented By: Muhammad Anwar Bhour, J
MUHAMMAD IMRAN and another---Petitioners
VERSUS
THE STATE and another---Respondents
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 426---Penal Code (XLV of 1860), Ss.458 & 337-H(2)---Lurking house-trespass and causing hurt by rash or negligent act---Suspension of sentence---Sentence awarded to the petitioners/accused persons was three years and before the revision petition was set down for final hearing, it was quite possible that accused could have served out their entire sentence---Without touching the merits of the case, application for suspension of sentence was allowed and sentence passed by the Trial Court against accused persons was suspended and they were admitted to bail, in circumstances. Abdul Hameed v. Muhammad Abdullah and others 1999 SCMR 2589; Makhdoom Javed Hashmi v. The State 2007 SCMR 246 and Fazal Muhammad and another v. The State 2002 SCMR 1211 ref. Muhammad Inayat Ullah Cheema for Petitioners. Agha A. Imran for the Complainant. Syed Muhammad Imran Sherazi, Deputy Prosecutor-General Punjab for Respondents. ORDER MUHAMMAD ANWAR BHOUR, J.---Through this miscellaneous petition, petitioners Muhammad Imran and Muhammad Rizwan seek suspension of their sentence awarded to them by the learned Judicial Magistrate Section 30, Gujranwala vide judgment, dated 3-1-2010 whereby he convicted and sentenced the petitioners as follows: -- (i) Under section 458, P.P.C. to undergo 3 years' R.I. each with a fine of Rs.10,000 each. In default of payment of fine to undergo 7 days' S.I. (ii) Under section 337-H(ii), P.P.C. to undergo 2 months' R.I. each with a fine of Rs.5,000 each. In default of payment of fine to further undergo 5 days' S.I. Feeling aggrieved, the petitioners preferred an appeal against the abovesaid conviction and sentence before the learned Sessions Judge Gujranwala, which was dismissed vide judgment, dated 17-2-2010 with some modifications that conviction and sentence of petitioners would be deemed to be under sections 458/337-H(ii) read with section 34, P.P.C. 2. Learned counsel for the petitioners at the very outset states that sentence awarded to theβ¦