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Petitioner: MUHAMMAD ARSHAD Alias ACHU And Another VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Dr. Javed Iqbal, Sh. Ijaz Nisar Title: MUHAMMAD ARSHAD Alias ACHU And Another vs THE STATE Case No.: Criminal Miscellaneous No.1 of 1986 Criminal Appeal No. 47 of 1986 Date of Judgment:1986-05-11 Reported As: 1989 MLD 702(2) Result: Sentence suspended
Judgment ORDER DAVID IQBAL, C.J.-- This is an application for suspension of sentence of Muhammad Arshad and Abdul Sattar petitioners. Each of them has been convicted under section 302/34, P.P.C. And sentenced to imprisonment for life plus fine as well as under section 307/34, P.P.C. And sentenced to five years' R.I. Plus fine. It is a case in which two persons have been murdered. Muhammad Amin co-accused who is not petitioner before us has been awarded death sentence in the instant case and two persons have been acquitted. 2. It is argued on behalf of Muhammad Arshad petitioner that he was armed with a .12 bore gun and had not caus4d any injury to either of the deceased. The part attributed to him is that due to his firing Javid Baig P.W. Sustained simple injuries. So far as Abdul Sattar petitioner is concerned he is stated to have caused fatal injury to one of the deceased in the instant case but it is submitted that Abdul Sattar petitioner is more than 80 years of age and, therefore, infirm. The part attributed to Muhammad Arshad petitioner is that as a result of his shot Javid Baig P.W. Has sustained simple injuries on the right arm and right thigh. Learned counsel for the petitioners submits that these may be the result of stray pellets and that since Muhammad Arshad petitioner is not attributed any injury to either of the deceased he maybe admitted to bail and his sentence may be suspended. 3. Since Muhammad Arshad petitioner has not caused any injury to either of the deceased in the instant case and only simple injuries are attributed to him to a P.W. We suspend his sentence and admit him to bail subject to his furnishing security in the sum of Rs.50,000 (fifty thousands) with two sureties each in the like amount to the satisfaction of A.C., Kasur.
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So far as Abdul Sattar petitioner is concerned he is stated to have caused a fatal injury to one of the deceased in the instant case and, therefore, no ground is made out on merits for his bail. However, learned counsel wants us to summon a report about his age and state of health. The Superintendent, Central Jail, Kot Lakhpat, Lahore is hereby directed to get Abdul Sattar petitioner medically examined from the Medical Superintendent, Services Hospital. Lahore about his age and state of health and then forward his report to this Court within a period of 15 days. To come up on 2-6-1986.