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Petitioner: MUKHTAR AHMAD VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Muhammad Nawaz Abbasi Title: MUKHTAR AHMAD vs THE STATE Case No.: Criminal Miscellaneous No,1 of 1997 Criminal Appeal No,269 of 1995 Date of Judgment:1997-09-30 Reported As: 1998 P Cr. L J 815 Result: Order accordingly
Judgment ORDER ' The petitioner upon conviction for the charge under section 302, P.P.C. By the learned Additional Sessions Judge, Khanewal vide judgment, dated 16-7-1995 was sentenced to imprisonment for life. He has challenged the same through the Criminal Appeal No,269 of 1995 before this Court. 2. Learned counsel contends that the injury was received by the deceased accidently during the marriage ceremony, and that petitioner having been wrongly convicted deserves acquittal. He sought suspension of sentence on statutory ground as his appeal is pending for decision for a period more than two years. 3. The office has reported that the criminal appeals pertaining to the year 1986 are being fixed and the present appeal relating to the year 1995 cannot be fixed in near future. 4. Without commenting upon the merits of the case, the decision of the appeal within the period provided under section 426 (1-A), Cr.P.C. Is the statutory right of the petitioner. There is no cavil to the proposition that the Court can in its discretion refuse the suspension of sentence if circumstances so exist but, ordinarily, if the appeal is not disposed of within the specified period, the statutory right of suspension of sentence is not withheld. Consequently, the sentence of the petitioner is suspended, subject to his furnishing bail bonds in the sum of Rs,50,000 (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court.
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