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1984 SCMR 383

MEHAR HUSSAIN vs ALLAH WASAYA AND 2 OTHERS

Petitioner: MEHAR HUSSAIN VS Respondent: ALLAH WASAYA AND 2 OTHERS

Court: Supreme Court of Pakistan Decision Date: 1983-11-29

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Muhammad Afzal Zullah, Aslam Riaz Hussain Title: MEHAR HUSSAIN vs ALLAH WASAYA AND 2 OTHERS Case No.:Criminal Miscellaneous Petition No, 70-R of 1983 in Criminal Appeal No, 120

of 1983 Date of Judgment:1983-11-29 Reported As: 1984 SCMR 383 Result: Order accordingly Judgment ORDER ' ASLAM RIAZ HUSSAIN, J.-Allah Wasaya, Ghulam Muhammad and Khadim Hussain applicants- respondents were tried and convicted of offence under section 302/34, P. P. C. But were acquitted by the High Court by its judgment, dated 8-12-1979. The complainant-appellant filed a petition for leave to appeal against their acquittal which was granted by this Court on 12-6-1983. Non-bailable warrants for their arrest were also issued. They were consequently arrested. ' All the three accused have now applied for suspension of their sentence through the present application which is opposed by the counsel for the complainant-appellant. 2. We have heard the learned counsel for the parties. No case for grant of bail to Allah Wasaya and Khadim Hussain has been made out. The application with respect to them is, therefore, rejected. 3. As for Ghulam Muhammad respondent, his counsel informed us that one of his legs has been fractured and all efforts to treat the same in jail have failed. Counsel for the complainant has not refuted this fact. We, therefore, accept the application qua him and grant him bail in the sum of Rs, 30,000 with two sureties each in the like amount, to the satisfaction of Assistant Commissioner, Muzaffargarh.

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