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Petitioner: ASHRAF alias PAPPU VS Respondent: THE STATE
1988 M L D 633
1988 M L D 633
[Lahore]
Before Qurban Sadiq Ikram, J
ASHRAF alias PAPPU‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous Nos. 1 and 3 in Criminal Appeal No. 184 of 1988, decided on 29th June, 1988.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 426‑‑Penal Code (XLV of 1860), Ss. 302 & 307/34‑‑Suspension of sentence‑ --Only an ineffective fire attributed to accused‑‑Accused not related to his co -accused‑‑Appeal not likely to be heard at early date‑‑Sentence suspended and bail allowed in circumstances.
Syed Dilawar Hussain for Petitioner.
ORDER
This is a petition with prayer that petition suspension of sentence of the petitioner be heard at an early date. This petition is allowed and disposed of.
Criminal Miscellaneous No. 1 of 1988:
This is a petition for bail by suspension of sentence on behalf of Ashraf alias Pappu who alongwith Ashiq Masih was sentenced by learned Additional Sessions Judge, Sheikhupura vide judgment dated 26‑1‑1988 to suffer imprisonment for life and fine Rs. 10,000 or in default three years' R.I. under section 302/34, P.P.C. In support of this petition it is contended that only an ineffective firing on Nazir deceased has been ascribed to Muhammad Ashraf petitioner and as such it could not be said that he shared common intention with his co‑accused Khadim Hussain. This contention is borne out from the record. Ashraf petitioner fired one shot only during the occurrence which did not hit any, one. He is not related to his co‑accused. The appeal is not likely to be heard at an early date. I, therefore, admit Muhammad Ashraf petitioner to bail by suspension of sentence on his furnishing of bail bond in the sum of Rs. 50,000 with two sureties in like amount each to the satisfaction of Assistant Commissioner/Duty Magistrate, Sheikhupura.
SA./A‑366/L
Bail allowed.