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Petitioner: MUHAMMAD DIN VS Respondent: THE STATE
1993 PCr
1993 PCr.LJ 39
[Lahore]
Before Sardar Muhammad Dogar, J
MUHAMMAD DIN---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.l/1991 in Criminal Appeal No.1064 of 1991, decided on 10th November, 1991.
Criminal Procedure Code (V of 1898)---
----S. 426---Penal Code (XLV of 1860), S.323---Suspension of sentence-- Accused had remained in jail for some time during the trial and had also undergone about a months' imprisonment---Appeal was not likely to be heard in the near future---Sentence of accused was suspended in circumstances and he was released on bail.
Ch. Muhammad Ashraf Azeem for Petitioner.
Arshad Khan for the State.
ORDER
The petitioner was convicted under section 323, P.P.C. and sentenced to undergo S.I: for two years for having caused simple injuries vide judgment dated 6-10-1991. He was acquitted of the charge under section 302/307/34, P.P.C., although two of his co-accused were convicted under section 302/34, P.P.C. and sentenced accordingly.
2. The sentence provided under section 323, P.P.C. is one year. I wonder wherefrom the learned trial Judge got the powers to sentence him for two years. He has remained in jail for some time during the trial and has also undergone about a month's imprisonment. There is no likelihood of the appeal coming up in the near future. The petition for suspension of sentence is, therefore, allowed. He shall be released on bail on his furnishing bail bond in the sum of Rs.20,000 with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Chunian.
N.H.Q./M-613/L Sentence suspended.