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Petitioner: QURBAN VS Respondent: THE STATE
1988 M L D 488
1988 M L D 488
[Lahore]
Before Javid Iqbal, CJ. and Ijaz Nisar, J
QURBAN and others‑‑Petitioners
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 1 in Criminal Appeal No. 238 of 1985, decided on 21st April, 1985.
Criminal Procedure Code (V of 1898)‑
‑‑‑S. 426‑‑Penal Code (XLV of 1860), Ss. 307 & 148/149‑‑Suspension of sentence ‑Accused attributed simple fire‑arm injuries to witnesses‑‑Accused remaining in jail since their arrest till their conviction‑‑Accused entitled to benefit of S. 382‑B, Cr.P.C.‑‑Sentence suspended and bail allowed in circumstances.
Iqbal Muhammad Awan for Petitioner.
Sardar Muhammad Khurshid for the State.
ORDER
JAVID IQBAL, CJ.‑‑In continuation of our order dated 21‑4‑1985, the three petitioners, namely, Abdul Qadeer alias Chand, Amjad Ali and Tariq` Mahmood have been convicted under section 307/149, P.P.C. and sentenced t to three years' rigorous imprisonment plus fine. They have also been convictea under section 148, P.P.C. and sentenced to one year rigorous imprisonment each. It is contended that the petitioners have been acquitted of the main charge under section 302, P.P.C. as they did not cause any injuries to deceased, nor they had any common intention with the co‑accused who inflicted the fatal injuries to the deceased. It is submitted that they are only attributed fire‑arm injuries to some o the P.Ws. which have been declared simple. It is also submitted that they were arrested on 9‑8‑1983 and had ever since remained in jail until their conviction and sentence as stated above vide judgment of the Additional Sessions Judge, Sialkot, dated 21‑3‑1985. It is pointed out that in a case of this nature they should have been granted benefit of the provisions of section 382‑B, Cr.P.C. which was not granted to them and that, therefore, case was made out for suspension of sentence and their release on bail. We agree with learned counsel. Since this is the position, Abdul Oadeer alias Chand, Amjad Ali and Tariq Mahmood petitioners are admitted to bail subject to their furnishing security in the sum of ,petitioners 20,000 (Rupees twenty thousand) each with two sureties, each in the like amount, to the satisfaction of A.C.Duty Magistrate, Sialkot. This petition is disposed of.
SA./Q‑12/L
Sentence suspended.