SATTU KHAN Versus STATE

ORDER

JAVID IQBAL, J. --In this criminal miscellaneous petition Sattu Khan and Lehar Khan petitioners have moved for suspension of their sentence, and for being released on bail. Notice in this respect was issued to the State to show cause as to why the sentence of Lehar Khan petitioner only be not suspended during the pendency of the appeal. In response to this notice learned counsel for the state was also present in the Court.

2. Learned counsel for Lehar Khan petitioner submitted that hi client had not been held liable for having caused the murder of the deceased because the fatal injury caused to the deceased was only attributed to Sattu Khan co-accused. Lehar Khan petitioner was stated to have caused injury only to Badar Din P.W. Consequently the learned Single Judge had set aside his conviction and sentence under section 302 / 34, P . P . C . and maintained his conviction only under section 307, P.P.C. whereby he had been awarded four years' R.I. plus fine. It was next submitted that leave to appeal has been granted in order to consider as to whether the High Court had fallen in error in rejecting the plea of the right of self-defence raised on behalf of the accused side and also in order to determine as to who was in possession of the disputed property at the relevant time.

3. We have considered the arguments of the learned counsel for Lehar Khan petitioner. The sentence of Lehar Khan petitioner is suspended during the pendency of the appeal in this Court and he is admitted to bail subject to his furnishing security in the sum o Rs.20,000 (Rupees twenty thousand only) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner Chunian.

S. Q./S-82/S Petition accepted.