MUHAMMAD AZAM Versus THE STATE

ORDER

Sajid alias Sajoo son of Muhammad Boota alongwith four other co-accused was tried by the learned Magistrate Section 30, Gujranwala, in case F.I.R. No.590, dated 22-11-1998 under section 395, P.P.C., Police Station City, Kamonke, District Gujranwala, and was sentenced to 7 years' R.I. with a fine of Rs.10,000 or in default whereof to undergo R.I. for one month. Benefit of section 382-B, Cr.P.C. was also extended to the petitioner which is under challenge in Criminal Appeal No. 1370 of 2002.

2. Through the instant criminal miscellaneous the petitioner has sought suspension of his sentence inter alia on the ground that he has -served out the major portion of his sentence and by the time the appeal will come up for hearing, it will become infructuous.

3. The report was called for from the Superintendent Central Jail Lahore. According to the said report the petitioner has yet to undergo 2 years three months and 12 day's R.I., if he pays the fine in default or payment of fine he will undergo further R.I. for one month. In view of the above report, the petitioner has served out major portion of his sentence and by relying upon the dictum laid down by apex Court in case "Allah Ditta Khan v. The State" (PLD 2002 SC 845), the sentence of the petitioner is suspended and he is admitted to bail subject to his furnishing bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the Deputy Registrar (Judl.) of this Court.

H.B.T./M-2048/L Sentence suspended.