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Petitioner: GANHWAR and another VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Faiz Muhammad Qureshi Title: GANHWAR and another vs THE STATE Case No.: Criminal Appeal No, 47 of 2001 Miscellaneous Application No, 544 of 2001 Date of Judgment:2001-05-25 Reported As: 2001 YLR 994 Result: Sentence suspended
Judgment ORDER ' This is an application under section 426, Cr.P.C. With a prayer to suspend the sentence of the appellants namely and respectively Ghanwhar and Rehan. Mr. Gul Hassan Solangi, Advocate for the State is on notice. Mr. Muhammad Daud Baloch at the very outset has submitted that he is not pressing this application for co-appellant Rehm and he has contended that as far as appellant Ghanwhar is concerned, he has been convicted and sentenced to suffer three years' R.I. And his case is to be taken into consideration while dealing with this application under section 426, Cr.P.C. According to him both the appellants are real brothers and the present appellant Ghanwhar has not caused any injury to injured Wadho and he was only armed with Lathi. He has further contended that since the sentence is three years and he is entitled to the concession of bail at this stage and disposal of appeal would take pretty long time. In support of his contentions he has placed reliance on a case Muhammad Khan v. The State reported in PLD 1997 Supreme Court 1, wherein the convict was awarded three years sentence and his sentence was suspended being three years and was granted bail. 'On the other hand, Mr. Gul Hassan Solangi for the State has given no objection if the sentence of appellant Ghanwhar is suspended and is granted bail. ' In view of authority given by Honourable Supreme Court in PLD 1997 Supreme Court I the sentence of appellant Ghanwhar is suspended and he is granted hail in the sum of Rs, 1,00,000 with P.R. Bond in the like amount to the satisfaction of Additional Registrar of this Court. This application under section 426, Cr.P.C. Is not being pressed by Mr. Muhammad Daud Baloch with regard to co- appellant Rehan bearing M.A. No, 544 of 2001 stands disposed of. The office is directed to prepare the paper book within one month from today and thereafter the matter be fixed for regular hearing.