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1994 PCRLJ 996

MUHAMMAD YAR VS STATE

Petitioner: MUHAMMAD YAR VS Respondent: STATE

Court: Lahore High Court

Full Judgment Text & Judicial Ruling

1994 P Cr

1994 P Cr. L J 996

[Lahore]

Before Sh. Ijaz Nisar, J

MUHAMMAD YAR and others---Petitioners

Versus

THE STATE and others---Respondents

Criminal Miscellaneous No.1 of 1993 in Criminal Appeal No.575 of 1993, decided on 19th December, 1993.

Criminal Procedure Code (V of 1898)---

----S. 426(1)---Penal Code (XLV of 1860), S.307/429/447/511/34---Suspension of sentence---Accused were not alleged to have caused any injury to the injured prosecution witness or to any other prosecution witness---Complainant party had been convicted and sentenced to imprisonment for life for the murder of a companion of the accused---Sentence of accused was suspended in circumstances.

Masood MlrLa for Petitioners.

Shahid Waheed for the Complainant.

Mian Abdul Qayyum Anjum for the State.

Date of hearing: 19th December, 1993.

ORDER

This is an application for the suspension of sentence of Muhammad Yar, Aslam, Nazir son of Amir and Mamma son of Shera. They have been convicted on 22-7-1993 under section 307/429/447/511/34, P.P.C. and sentenced to undergo 10 years' R.I. each for making a murderous assault on Muhammad Yar P.W. with a fire-arm.

2. At the very outset, learned counsel for the appellant has withdrawn the application of Mamma son of Shera who is attributed injury to Muhammad Yar P.W. Accordingly, the application is dismissed to his extent.

3. As regards, Muhammad Yar, Aslam and Nazir petitioners it is stated that they are not alleged to have caused any injury to Muhammad Yar or any other P.W. and further that from their side their companion, namely, Muhammad Ismail was murdered for which the complainant party had been convicted and sentenced to imprisonment for life.

4. In the above circumstances the sentence of Muhammad Yar, Aslam and Nazir petitioners, is suspended on furnishing security in the sum of E Rs.15,000 with one surety in the like amount to the satisfaction of A.C., Jhang.

N.H.Q./M-1384/L Sentence suspended.

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