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Petitioner: LIAQAT ALI VS Respondent: STATE
1994 P Cr
1994 P Cr. L J 2558
[Lahore]
Before Falak Sher, J
LIAQAT ALI and others---Appellants
Versus
THE STATE---Respondent
Criminal Miscellaneous No.l of 1994 in Criminal Appeal No.375 of 1992, decided on 5th July, 1994.
Criminal Procedure Code (V of 1898)---
----S. 426---Penal Code (XLV of 1860), Ss.302/34 & 307/34---Suspension of sentence---Neither any injury to the deceased had been ascribed to the accused nor any recovery of incriminating article had been effected from him---Trial Court had even disbelieved the set out motive ascribed to co-accused-- Accused was stated to be of advanced age with failing health---Lapse of statutory period contemplated by S.426, Cr.P.C. was also pleaded---Sentence awarded to accused by Trial Court was suspended in circumstances and he was allowed bail accordingly.
Khawaja Sultan Ahmad for Petitioner.
Asghar Ahmad Kharal for the State.
Date of hearing 5th July, 1994.
ORDER
Painda Khan petitioner amongst others having been convicted and sentenced under section 302/34, P.P.C. to imprisonment for life on two counts concurrently under section 307/34, P.P.C. to 10 years' R.I. likewise with a fine of Rs.5,000 on each count, or in default to serve another term of 2 years' R.I. in the event of recovery to be paid to the injured P.Ws. in equal shares as compensation, by the learned Additional Sessions Judge, Gujrat vide the impugned judgment, dated 26-4-1992, has presently sought suspension thereof on the ground that neither any injury to the deceased has been ascribed to him nor any recovery of incriminating article has been effected from him, even the set out motive ascribed to the co-accused stands disbelieved by the learned trial Court and advanced age with failing health coupled with the lapse of statutory period-contemplated by section 426, Cr.P.C.
According to the request in view of the submissions, petitioner is allowed bail upon furnishing bond in the sum of Rs.50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of A.C., Gujrat.
N.H.Q./L-82/L Sentence suspended.