Full Judgment Text & Judicial Ruling

1988 M L D 146

1988 M L D 146

[Lahore]

Before Ijaz Nisar, J

TARIQ alias Papoo Petitioner

Versus

THE STATE--Respondent

Criminal Miscellaneous No. 3 of 1988 in Criminal Appeal No. 11.0 of 1956, decided on 27th February, 1988.

Criminal Procedure Code (V of 1898)--

---S. 426--Suspension of sentence--Bail, grant of--Appeal not disposed of despite expiry of statutory period of two years--Sentence suspended and petitioner allowed hail, in circumstances.

Mian Abdul Latif for Petitioner.

Sycd Raza Hussain Naqvi for the Complainant.

C.M. Latif for the Slate.

ORDER

This is an application for suspension of sentence of Tar 1q alias Papoo who stands convicted under section 302, P.P.C. and sentenced to imprisonment for life vide judgment dated 5-2-1986.

2. Bail is urged on the statutory ground i.e. non-disposal of the appeal within a period of two years of the conviction of the petitioner. It is stated that he was convicted on 5-2-1986 but the appeal has not yet been disposed of.

3. Learned counsel for the State and the complainant have opposed the application on the ground that fatal blow is attributed to him. Learned counsel for the petitioner states that the occurrence was the result of the complainant party's passing drain through the land of the petitioner and thereby causing damage to the haveli and land of the petitioner.

4. Without touching the merits of the case, I suspend the sentence of the petitioner on the ground of non-disposal of the appeal within the statutory period. A He shall be released on bail subject to furnishing bail bond in the sum of Rs.30,000 (Thirty thousand) with two sureties in the like amount to the satisfaction of the trial Court.

S.G.D./T-31/L Bail allowed.

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