Crl. Appeal No

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

C.M. No. ________/2002 In Cr. Appeal No. 865/2002

Bashir Ahmad

Vs.

State

APPLICATION U/S 426 (1) CR.P.C.

Respectfully Sheweth: 1.

That the applicant applied for suspension of sentence, but withdrawn the request on 27.11.02.

2.

That the above-mentioned appeal is pending adjudication before this Hon’ble Court and the same may be treated as part and parcel of this application.

3.

That the case against applicant is based upon concocted story and is a counter-blast for the case registered against the complainant party.

4.

That there is no recovery from the applicant in this case.

5.

That the prosecution could not prove its case beyond the shadow of doubt; and the conviction is based upon discrepant evidence.

6.

That the judgment was pronounced in haste and without application of judicial mind. Section 161 was not applicable as per circumstances of the case; but no notice was taken in this regard.

7.

That ingredients of section 5 (2) 47 of P.C.A. are also missing.

8.

That the consolidated conviction is pronounced for both the offence which is an illegality itself.

9.

That for the purposes of bail, punishment for three years in cases of special law, is treated as bailable. It is, therefore respectfully prayed that the sentence of the applicant may please be suspended and applicant may graciously be ordered to be released on bail. Any other relief, which this Hon’ble Court deems fit and proper, may also graciously be granted to the petitioner in the interest of justice. Humble Petitioner,

Dated: ___________

Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176