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Petitioner: GHULAM ABBAS VS Respondent: THE STATEHonorable Justice Muhammad Farrukh MahmudSahibzada Farooq Ali,Muhammad Pervez Qamar Butt
2002 Y L R 1211
2002 Y L R 1211
[Lahore]
Before Muhammad Farrukh Mahmud, J
GHULAM ABBAS ‑‑‑Petitioner
Versus
THE STATE‑‑‑ Respondent
Criminal Miscellaneous No. 1 of 2002 in Criminal Appeal No.272 of 2001, decided on 19th March, 2002.
Criminal Procedure Code (V of 1898)‑‑‑
‑‑‑‑S.426‑‑‑Penal Code (XLV of 1860), S.308/34‑‑‑Petition for suspension of sentence‑‑‑Accused was empty‑handed at the time of occurrence and deceased lost his life on account of injury caused by the co‑accused with a Churri‑‑‑Report of Superintendent of Jail showed that un-expired portion of sentence of accused was about two years and ten months and appeal was not likely to be heard in a near future‑‑‑Sentence was suspended accordingly and accused was admitted to bail.
Sahibzada Farooq Ali for Petitioner.
Muhammad Pervez Qamar Butt for the State.
ORDER
Ghulam Abbas petitioner‑appellant was tried and convicted by the learned Additional Sessions Judge, Rajanpur for offences under sections 308/34, P.P.C. in case F.I.R. No.181 registered at Police
Station Saddar, Rajanpur on 10‑10‑1991. Vide judgment dated 17‑3‑2001 the petitioner was sentenced to undergo rigorous imprisonment for fourteen years for Tazir and was also sentenced to pay Diyat amounting to Rs.2,70,493.50. The petitioner challenged this conviction and sentence through the instant appeal which is pending adjudication before this Court.
2. Through this miscellaneous petition the petitioner has sought his suspension of sentence and released on bail.
3. I have heard the learned counsel for the parties and have also gone through the impugned judgment. It has been noticed that the petitioner was empty‑handed at the time of occurrence and the deceased lost his life due to the injury; caused by co‑accused with a Chhuri. A report from the Superintendent, New Central Jail, Multan has been received and according to the report the unexpired portion of the sentence of the petitioner is about two years and ten months and the appeal is not likely to be heard in near future Considering all the circumstances I am inclined to suspend the sentence and to admit the petitioner to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the Deputy Registrar (Judl) of this Court/Bench.
H.B.T./G‑168/L Sentence suspended.