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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD SARWAR VS Respondent: STATE
1997 M L D 2925
1997 M L D 2925
[Lahore]
Before Khalil‑ur‑Rehman Ramday and Zafar Pasha Chaudhary, JJ
MUHAMMAD SARWAR and another‑‑‑Petitioners
versus
THE STATE‑‑‑Respondent
Criminal Miscellaneous No. 1 of 1996 in Criminal Appeal No. 187 of 1994, decided on 20th March, 1997.
Criminal Procedure Code (V of 1898)‑‑‑
‑‑‑‑S. 426(1‑A)(C)‑‑‑Penal Code (XLV of 1860), S.302/34‑‑‑Suspension of sentence‑‑‑ Accused had been in custody for more than two years and the appeal filed by him was still pending adjudication‑‑‑Sentence awarded to accused was suspended ' in circumstances and he was directed to be released on bail.
Sardar Khurram Latif Khan Khosa for Petitioners.
Altaf Ibrahim Qureshi for the Complainant.
Abdul Qayyum Bhatti for the State.
Date of hearing: 20th March, 1997.
ORDER
The learned counsel for the petitioner states at the outset that in view of notice issued to Sarwar for enhancement of punishment awarded to him, h, would not press the petition to his extent. This application to the extent of Muhammad Sarwar is, therefore, dismissed as not pressed.
2. So far as Muhammad Munawar petitioner is concerned he was burdened only with a blunt weapon injury on the head of the deceased. This is a lacerated wound 1.5 c.m. x..5 c.m, x skin deep and it is argued by the learned counsel for the petitioner that this could not be the result of a hatchet blow even though given from the wrong side.
3. Be that as it may, the fact remains that the petitioner has been in custody for more than two years and the appeal filed by him has still not been decided.
4. In this view of the matter; the sentences awarded to Muhammad Munawar, petitioner, are suspended and he is directed to be released on bail subject to his furnishing security in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of the learned trial Court.
N. H.Q./M‑.348/L Order accordingly.