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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: NOOR MUHAMMAD VS Respondent: STATE
1997 M L D 3256
1997 M L D 3256
[Lahore]
Before Khalil-ur-Rehman Ramday and Muhammad Asif Jan, JJ
NOOR MUHAMMAD and others---Petitioners
versus
STATE---Respondent
Criminal Miscellaneous No. 1 of 1995 and No. 1 of 1996, decided on 10th June,1996.
Criminal Procedure Code (V of 1898)---
----S. 426---Penal Code (XLV of 1860), S.302/34---Suspension of sentence-- Both accused persons were allegedly armed with a pistol and hatchet respectively but besides allegation of raising Lalkara during the course of occurrence they did not stand burdened with any overt act including any use of weapons respectively carried by them or giving of any injury on the person of deceased---Accused persons had been in custody for about a year after their conviction by the Trial Court---Accused persons having made out a case of suspension of their sentences of imprisonment, sentences of both accused persons were suspended and they were released on bail.
Altaf Ibrahim Qureshi and Zawar Hussain Shah for Petitioners.
Sh. Muhammad Rahim for the State.
ORDER
Both these petitions are being disposed of together since both of them arise out of the same judgment and pertain to the co-convicts in the same case.
2. Noor Muhammad petitioner in Criminal Miscellaneous No.1 of 1995 and Allah Bakhsh petitioner in Criminal Miscellaneous No. l of 1996 were allegedly armed with a pistol and hatchet respectively, but, besides the allegation of raising Lalkaras during the course of occurrence, they did not stand burdened with any other overt act including any use of the weapons in question carried by them or giving of any injury on the person of Murtaza deceased. They have been in custody for about a year after their conviction by the learned trial Court.
2. Without expressing any opinion on the deeper merits of the case, we find that both of them have made out a case for the suspension of their sentences of imprisonment. Consequently, the sentences of imprisonment of both the petitioners (Noor Muhammad and Allah Bakhsh) are suspended and they shall be released on bail subject to each one of them furnishing security in the sum of Rupees One Lac with two sureties each in the like amount to the satisfaction of the Assistant Commissioner/Duty Magistrate Pakpattan Sharif.
H.B.T./N-56/L Petition accepted.