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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD JAVED VS Respondent: THE STATE
1996 P Cr
1996 P Cr. L J 1919
[Lahore]
Before Ahmad Saeed Awan, J
MUHAMMAD JAVED---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No. 1 of 1995 in Criminal Appeal No.82 of 1995, decided on 16th January, 1996.
Criminal Procedure Code (V of 1898)---
----S. 426(1-A)(b)---Penal Code (XLV of 1860), S. 337-D---Suspension of sentence---Accused had been sentenced to undergo seven years' R.I. by the Trial Court and his appeal had not been decided within a period of one year of his conviction while he remained in jail---Sentence. of accused was suspended in circumstances and he was released on bail accordingly.
Muhammad Yaqoob and others v. The State 1991 SCMR 1459; Zamurrad Khan and 2 others v. The State 1994 PCr.LJ 577 and Muzaffar Hussain alias Pehlwani v. The State 1994 PCr.LJ 1722 ref.
Ch. Arshad Mahmood for Petitioner.
Anwer Dholen for the State.
ORDER
Suspension of sentence is sought on statutory ground. It is stated that the petitioner was sentenced to 7 years' R.I. vide judgment, dated 20-11-1994 passed by the learned Magistrate Section 30, Daska and is in jail since then. According to the learned counsel, petitioner is entitled to be released on bail in keeping with the provisions of section 426(1-A)(b), Cr.P.C.
2: Learned counsel for the State was unable to controvert the submission.
3. Heard. Respectfully following the law laid down by the Honourable Supreme Court of Pakistan in the case of Muhammad Yaqoob and others v. The State 1991 SCMR 1459 and the Lahore High Court in the case of Zamurrad Khan and 2 others v. The State 1994 PCr.LJ 577 and Muzaffar Hussain alias A Pehlwani v. The State 1994 PCr.LJ 1722, sentence of the petitioner is suspended and he shall be released on bail subject to his executing bail bond in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Daska. Copy Dasti.
N.H.Q./M-2703/L Sentence suspended.