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Petitioner: GHULAM FARID VS Respondent: THE STATE
1992 M L D 2367
1992 M L D 2367
[Lahore]
Before Munir A. Sheikh, .1
GHULAM FARID‑‑‑Petitioner
versus
THE STATE ‑‑‑ Respondent
Crl. Appeal No.31 of 1992, decided on 14th March, 1992,
Criminal Procedure Code (V o f 1898).
‑‑‑‑S.426‑‑‑Penal Code (XLV of 1860), S.302/34‑‑Suspension of sentence‑‑ Accused ‑was empty handed and fatal injuries had been attributed to co- accused‑‑‑Accused's case, therefore, required further consideration‑‑‑Sentence of accused was consequently suspended and he was released on bail accordingly.
Abdul Aziz v. Bashir Ahmad and another PLD 1966 SC 658 ref.
Sardar Faiz Muhammad Khan Khosa for Petitioner.
Nafees Ahmad Ansari, A.A.‑G. for the State.
Date of hearing: 14th March, 1992.
ORDER
The petitioner was tried alongwith Ahmad Bakhsh .co‑accused for the murder of Nazar Hussain and sentenced to life imprisonment. According. to the allegations he was empty handed and raised a Lalkara. Reliance has been placed on judgment reported as Abdul Aziz v. Bashir Ahmad and another (P L 'D 1966 S C 658) that in the absence of earlier conspiracy, on mere allegation of Lalkara a case of suspension of sentence/bail is made out. Since ‑the petitioner was empty handed and the fatal injuries have been attributed to Ahmad Bakhsh with fire‑arm, therefore, the petitioner's case requires further consideration. The sentence of the petitioner is A suspended and he is allowed to be released on bail subject to his furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, D.G. Khan.
N.H.Q./G‑83/L Sentence suspended.