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Petitioner: MUHAMMAD SHAFI VS Respondent: THE STATE
1988 P C r
1988 P C r. L J 1433
[Lahore]
Before Khizar Hayat, J
MUHAMMAD SHAFI and others‑‑Petitioners
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 1 in Criminal Appeal 136 of 1988, decided on 8th March, 1988.
Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 426‑‑Penal Code (XLV of 1860), Ss. 307, 324, 326 & 148/149‑ Sentence, suspension of‑‑Contention requiring deeper appreciation of evidence‑‑Deeper appreciation of evidence being neither permissible nor desirable at bail stage, suspension of sentence declined in circumstances‑‑One of the accused persons however, allowed bail for purpose of appearing in matriculation examination.
Asghar Ali for Petitioners.
Nemo for the State.
Muhammad Iqbal Chaudhary for the Complainant.
ORDER
This is a petition for suspension of sentence of the applicants who stand convicted under sections 148, 307, 324 and 326 read with 149, P.P.C. and sentenced to the maximum term of 5 years' R.I., plus fine each.
2. It is stated that six persons, namely, Asghar Ali, Muhammad Aslam. Muhammad Shafi, Muhammad Din, Mahboob Alam and Shaukat Ali suffered 16 injuries at the hands of the petitioners who are seven in number, including one grievous hurt found on the person of Muhammad Din (P.W.2). It is submitted that the grievous injury has not been attributed to any of the petitioner specifically and that from nature of the injuries the provisions of section 326 or 307, P.P.‑C. are not attracted.
3. It is next contended that Muhammad Shafi, petitioner, is to take matriculation examination commencing from 10th of instant and terminating on 10th of April, 1988, for which he has since received his roll number slip. Learned counsel has produced a photostat copy of the roll number slip for perusal. Learned counsel for the complainant opposes the petition.
4. I have considered the facts and circumstances of the case. The contentions raised by the learned counsel qua all the applicants need deeper appreciation of evidence which I am afraid is neither permissible nor desirable at this stage. However, in order to enable Muhammad Shafi. Petitioner, to take the examination his sentence is suspended till 10‑4‑1988 provided he furnishes bail bond in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of Deputy Registrar (judicial) of this Court. He shall surrender in this Court on 10‑4‑1988 without fail. This petition to the extent of other petitioners is dismissed.
5. To come up on 10‑4‑1988.
S.A./M‑729/L Order accordingly.