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Petitioner: ABDUL GHAFOOR VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Aslam Riaz Hussain Title: ABDUL GHAFOOR vs THE STATE Case No.: Criminal Petition No, 206 of 1983 Date of Judgment:1983-11-01 Reported As: 1984 SCMR 439 Result: Petition dismissed
Judgment ORDER ' ASLAM RIAZ HUSSAIN, J.-Abdul Ghafoor petitioner was convicted under section 302/34, P. P. C. And sentenced to imprisonment for life and a fine of Rs, 3,000. He filed an appeal before the High Court against his conviction which was admitted to a regular hearing. Alongwith it he also applied for suspension of his sentence, under section 426, Cr. P. C. Which was dismissed vide the impugned order, dated 30-4-1983. 2. Hence the present petition. 3. We notice that while dismissing petitioner's application for suspension of sentence the learned Bench of the High Court has observed that: ' we do not allow the application, but permit the petitioner to move another (application) after summer vacation in case the appeal is not fixed till then." 4. We feel that the High Court has given cogent reasons for dismissing petitioner's bail application. It has also provided him with another opportunity for moving the High Court again in case his appeal is not fixed for hearing (before the High Court) within the time specified by it. We feel that the petitioner should avail of opportunity given to him by the learned Division Bench of the High Court. ' With this observation the present petition is dismissed.
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