Law: Criminal Procedure Code (V of 1898)

Section: 382,426

Crimin9l Procedure Code (V of 1898)---426 --- Pend Code (XLV of '1860), Ss. 337-L(2), 337(A)(ii), 337-F(iv) & 71 --- Sentence --- Suspension' of --- Injuries attributed to accused forming basis of his conviction were simple in nature --- Separate sentences awarded to accused for having caused each injury to the prosecution witness could ' riot be maintained in view of S.71, P. P.C. ---Accused had been given thebenefit-of S.382-B, Cr.P.C. and he had already undergone almost half of his sentence --- Issuance of notice for enhancement of sentence was no ground to refuse suspension of sentence --- Accused's case was almost at par with that of co�-accused whose sentence had already been suspended --- Sentence of accused was, suspended in circumstances and he was released on bail accordingly.Zahid Mushtaq v. The State 1994 PCr.LJ 1516 and Syed Manzoor Hussain Shah v. Syed Agha Hussain Naqvi and another 1983 SCMR 775 ref.Aamar Naveed and others v. The State 1993 PCr.LJ 1699 rel.ORDER The petitioner/appellant Muhammad Rafique has sought suspension of sentence awarded to him vide judgment delivered by the Sessions Judge, Bahawalpur on 1-2-199,5. The petitioner alongwith Muhammad Latif, Muhammad Shafi and Arshad as challaned and tried in case F.I.R. No.361/93 dated 28-12-1993 under section 302/336/337-A/34, P.P.C. registered at Police Station Baghdad�ul-Jadeed, Bahawalpur for an occurrence of the same day in which Muhammad Hanif was murdered. The co-accused Muhammad Latif has been awarded life imprisonment, Muhammad Shafi has been awarded two years' R.I. while Arshad co-accused has been acquitted. The sentence of Muhammad Shafi appellant/ co-accused has been suspended by an order of this Court dated 27-2-1995. The petitioner has been convicted and sentenced to two years' R.I. under section 337-L(2), P.P.C. for causing injury with 'Soti' on the right thigh of P.W.7 Muhammad Rashid. He has also been convicted and sentenced to five years' R.I. and 5% of the amount of Diyat for causing injuries Nos.2 and 3 on the head of- Khushi Muhammad (not produced) with blunt weapon under section 337-A(2), P.P.C. He has further been convicted and sentenced to five…