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Petitioner: GULZAR and 2 others VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Falak Sher, Muhammad Asif Jan Title: GULZAR and 2 others vs THE STATE Case No.: Criminal Miscellaneous No,1 of 1997Criminal Appeal No, 837 of 1995 Date of Judgment:1998-01-14 Reported As: 2000 MLD 140 Result: Petition allowed
Judgment ORDER Petitioner having been convicted and sentenced under section 460, P.P.C. To imprisonment for life defraying Rs, 50,000 as compensation within the contemplation of section 544-A, of the Cr.P.C. To the legal heirs of the deceased or to suffer another term of 2 years R.I. Each whose co-accused Gulzar was awarded death sentence in addition to a like amount of compensation in identical term by a learned Additional. Sessions Judge Chiniot vide the impugned judgment, dated 30-11-1995 have sought suspension thereof urging non-ascription of any overt act for the deceased having fallen a prey to the co-convict's gun shot and, lapse of the statutory period perceived by section 426, of the Cr.P.C. Factum whereof remained uncontroverted by the learned counsel appearing on behalf of the State being manifested from the record. 2. Consequently, according the request suspending the sentence, the petitioners are allowed bail upon furnishing bond in the sun of Rs, 50,000 each with two sureties each in the like amount to the satisfaction of the Trial Court.