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Petitioner: GHULAM MUSTAFA AND Another VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain Title: GHULAM MUSTAFA AND Another vs THE STATE Case No.: Criminal Miscellaneous No. 2 in Criminal Appeal No. 219 of 1970 Date of Judgment:1971-05-27 Reported As: 1971 P Cr. L J 485 Result: Application allowed
Judgment ORDER The petitioners, who have been convicted under section 304, Part II of the Pakistan Penal Code and sentenced to four years' rigorous imprisonment each by the Additional Sessions Judge, Lyallpur, applied for bail, while their appeal was admitted, notice was issued to the State in the bail matter. On 12th May 1970, nobody appeared for the petitioners and as a result after hearing the learned counsel for the State my learned brother Shaukat Ali, J. Dismissed their bail petition. Subsequently the present application was moved alleging, that the petitioners have to appear in the examination, which is commencing in the month of June 1970. I am told, that it is to commence on the 2nd of June 1970. Learned counsel for the petitioners has produced an attested copy of the roll number, slip issued to Ghulam Mustafa, who has to appear in the Intermediate Examination and an attested copy of the certificate issued by the Principal, Government College, Lyallpur, certifying that Muhammad Yousaf, petitioner, has to appear in B. A. (Supplementary) Examination under Roll No. 10805. His examination is to begin on the 26th of June 1970. 2. In view of the fact, that the petitioners have to appear in Intermediate and B. A. Examinations respectively, I would, allow, the application and suspend the sentences awarded to the, petitioner/appellants till the final decision of the appeal. They shall be released on bail, provided they execute bail bonds, in the sum of Rs. 10,000.00 (Rs. Ten thousand only) each, with one surety each in the like amount to the satisfaction of the Assistant, Commissioner, Lyallpur.