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Petitioner: IBRAHIM and 2 others VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Khawaja Muhammad Sharif Title: IBRAHIM and 2 others vs THE STATE Case No.: Criminal Miscellaneous No,1 of 2003 Criminal Appeal No,1189 of 2003 Date of Judgment:2003-11-24 Reported As: 2004 YLR 1298 Result: Order accordingly
Judgment ORDER ' This is an application for suspension of sentence on behalf of Hafeezan Bibi and Waheed convict- petitioners. ' Learned counsel for the petitioners submits that as far as, Hafeezan Bibi is concerned, she was not named in the F.I.R., that F.I.R. Was lodged on 16-10-1999, while the complaint was filed 3-1/2 months after lodging the F.I.R., that in F.I.R. No role was attributed to Waheed but in the complaint case specific injury had been attributed to him by the complainant, that facts given in the F.I.R. Are totally different to that of complaint case and that case for suspension of sentence is made out in favour of both the convict-petitioners. ' On the other hand, learned counsel for the. State opposes the submissions made by learned counsel for the petitioners and submits that judgment has been announced recently, that offence alleged against the petitioners falls within the ambit of section 497(1), Cr.P.C., that both the petitioners are named in the complaint case and no case for suspension of sentence is made out. ' I have heard learned counsel for the parties. In the F.I.R. As far as Waheed is concerned, he has been shown as an accused who caused the murder of the deceased and in the complaint case specific injury to the deceased and also to the injured P.W. Was attributed to him. So far as, Hafeezan Bibi is concerned, she is mother of Waheed, she is a lady, she was not named in the F.I.R., section 426, Cr.P.C. Is guided by the first proviso of A section 497(1), Cr.P.C. ' In this view of the matter, as far as, Mst. Hafeezan Bibi is concerned, this petition is accepted. Her sentence is suspended subject to furnishing bail bonds to the tune of Rs,50,000 (Fifty thousand) with one surety in the like-amount to the satisfaction of D.R.(Judl.) of this Court. So far as, Waheed
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is concerned, no case for suspension of sentence is made out; therefore, this petition to his extent is dismissed.