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1988 PCRLJ 291

GHULAM HAIDER VS THE STATE

Petitioner: GHULAM HAIDER VS Respondent: THE STATE

Court: Lahore High Court

Full Judgment Text & Judicial Ruling

1988 P Cr

1988 P Cr. L J 291

[Lahore]

Before Sardar Muhammad Dogar and Afrasiab Khan, JJ

GHULAM HAIDER--Petitioner

versus

THE STATE--Respondent

Criminal Miscellaneous No. 1 of 1987 in Criminal Appeal No. 611 of 1986, decided on 19th October, 1987.

Criminal Procedure Code (V of 1898)--

---S. 426--Penal Code (XLV of 1860), S.302--Sentence, suspension of--No allegation against petitioner of having caused any injury either to deceased or any of prosecution witnesses--Deceased died as a result of shot fired by co-accused--Co-accused sentenced to death- Petitioner in jail for last one year after his conviction--Execution of sentence of petitioner suspended, in circumstances.

Ijaz Hussain Batalvi for Petitioner. Ch. Imtiaz Ahmad for the State.

ORDER

SARDAR MUHAMMAD DOGAR, J.--There is no allegation against the petitioner of having caused any injury either to the deceased or any of the P.Ws. In fact, none else, except the deceased had suffered any injury and she had also died as a result of the shot fired by Asghar, who has been sentenced to death. The petitioner is in jail for the last one year after his conviction and sentence.

In the circumstances, we are inclined to suspend the sentence of the petitioner. He shall be released on furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Gujrat.

S.G.D./G-97/L Sentence suspended.

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