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Petitioner: MUHAMMAD SALEEM VS Respondent: THE STATE
1988 M L D 43
1988 M L D 43
[Lahore]
Before Khizar Hayat, J
MUHAMMAD SALEEM and another--Petitioners
Versus
THE STATE Respondent
Criminal Miscellaneous No. 1 of 1987 in Criminal Appeal No. 583 of 1987, decided on 16th January 1987.
Criminal Procedure Code (V of 1898)
---S. 426--Penal Code (XLV of 1860) S. 304, Part II--Suspension of sentence- Accused, sentenced to two years' rigorous imprisonment had already undergone four months' imprisonment--Accused had not caused any injury to deceased- Sentence suspended.
Sardar Muhammad Latif Khan Khosa for Petitioners.
Sardar Muhammad Khurshid for the State.
ORDER
Muhammad Saleem and Muhammad Nawaz, petitioners herein, along with Muhammad Akram were tried and convicted on the charge of murder and murderous assault. Muhammad Saleem, petitioner, stands convicted under section 304, Part II, P.P.C. and sentenced to 10 years' R.I. plus tine whereas Muhammad Nawaz (petitioner) and Muhammad Akram were convicted under section 325/34, P.P.C. and sentenced to two year's and one year's R.I., plus fine respectively.
2. Learned counsel states that if the main appeal is fixed for final hearing then he would not press this petition qua Muhammad Saleem. This petition qua Muhammad Saleem, is, therefore, dismissed as not pressed.
3. Muhammad Nawaz is undergoing two years' R.I. He had not caused any injury to the deceased. He has already undergone about four months of his sentence of imprisonment. The execution of his sentence is therefore suspended. He be released subject to his furnishing bail bond in the sum of Rs. 20,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Faisalabad during the pendency of the appeal. The petition stands disposed of.
4. Since a very short question is involved in this appeal therefore, it is directed that the same be fixed for final hearing in the middle of the month of March, 1988.
M.Y.H./M-541/L. Petition allowed.