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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: ALLAH DITTA VS Respondent: StateHonorable Justice Asif Saeed Khan Khosa and M. A. Shahid SiddiquiMehr Muhammad Waris Bharwana,Miss Tasneem Amin
2006 Y L R 1120
2006 Y L R 1120
[Lahore]
Before Asif Saeed Khan Khosa and M. A. Shahid Siddiqui, JJ
ALLAH DITTA---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.1 of 2005 in Criminal Appeal No.36 of 2005, decided on 8th June, 2005.
Criminal Procedure Code (V of 1898)---
-------S. 426---Suspension of sentence---Petition for---Petitioner who sought suspension of sentence during pendency of his appeal, was a juvenile as his age was seventeen years---Case against petitioner appeared to be at par with that of his co-accused whose sentences had already been suspended and had been released on bail---No reason existed as to why petitioner could not be treated in the matter of suspension of sentences and release on bail in same manner as the co-accused---Sentence of petitioner had been suspended accordingly.
Mehr Muhammad Waris Bharwana for Petitioner.
Miss Tasneem Amin for the State.
ORDER
Through this miscellaneous petition Allah Ditta petitioner-appellant has sought suspension of his sentences and released on bail during the pendency of his appeal before this Court.
2. After hearing the learned counsel for the parties and going through the judgment passed by the learned trial Court we have observed that the petitioner's age had been recorded by the learned trial Court as seventeen years and, thus, he was a juvenile. As regards the merits of the petitioner's case the case against the petitioner appears to be at par with that against his co-convict namely Muhammad Hussain whose sentences have already been suspended and who has already been released on bail by this Court vide order dated 12-5-2005 passed in Criminal Miscellaneous No.1 of 2005 in Criminal Appeal No.607 of 2005. There is, thus, no reason why the petitioner may not be treated in the matter of suspension of sentences and release on bail in the same manner as the said co-convict. This miscellaneous petition is, therefore, allowed, the sentences passed by the learned trial Court against the petitioner are suspended and the petitioner is admitted to bail subject to furnishing bail bond in the sum of,Rs,1,00,000 (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.
H.B.T./A-593/L?????????????????????????????????????????????????????????????????????????????????? Petition allowed.