IN THE LAHORE HIGH COURT, LAHORE

CM___________________/2019

In

Crl. J. Appeal No. 96200/j/2017

Mumtaz Khan Son of Amroz, Resident of Khaili Pur Eisa Khail Tehsil
Ghani Distirct Mohammad Agency
(Presently confined in Central Jail Sahiwal)

…….Petitioner

VERSES

1. The State through Prosecutor General Punjab

2. Blial Ahmed Corporal CTD, ( Complainat)

...Respondents

Case FIR No. 14/17 Dated: 12.06.2017

Offence U/S: u/s 7ATA 1997, u/s 5 ESA 1908

Police Station: CTD, Lahore

District: Lahore

PETITION UNSER SECTION 426 Cr.P.C. FOR SUSPENSION OFJUDGMENT

DATED 29.9.2017 AND RELEASE THE PETITIONER ON BAIL TILL THE
DECISION OF APPEAL

Respectfully Sheweth:

1. That the petitioner has filed the above titled appeal before this
honorable Court, in which no date of hearing has yet been fixed so far.

2. That learned trail court convicted the petitioner u/s 5 of Explosive

Substance Act , 1908 for 10 years’ rigorous imprisonment and u/s 7
of Anti-Terrorism Act , 1997 ,14 years’ rigorous imprisonment both
sentences run concurrently vide judgment dated 29.09.2017.

3. That the contents of said criminal appeal may kindly be read as

integral part of this petition.

4. That the sentences awarded to the petitioner is not only harsh but
also illegal and unlawful as prosecution miserably failed to prove
 his case against the petitioner/appellant beyond reasonable
shadow of doubt.

5. That there is no sight of the main appeal in the near future, hence,
this petition for suspension of sentence is being filed, inter alia on
the following:-

GROUNDS

a) That the impugned judgment is based on self- contradictory reasons,

the errors of judgment are flouting on surface, so the sentence of the
petitioner is liable to be suspended on this score alone.

b) That the petitioner has falsely been implicated in the above noted
case otherwise the learned trial court admitted in its judgment that
prosecution failed to establish the link of the petitioner with any proscribed
organization and admitted that it is the case of mere possession of
explosive material.

c) That the learned trail court below while passing the impugned
judgment of conviction has committed material irregularities and
illegalities therefore the impugned judgment is liable to be suspended.

d) That the petitioner is entirely innocent and has no concern

whatsoever with the commission of alleged offence.

e) That the impugned judgment of conviction is based on mere

conjectures and surmises thus liable to be struck down.

f) That there is no likelihood of appeal being heard and decided in

near future.

g) That the petitioner is ready to furnish the surety bonds to the entire
satisfaction of this Honorable Court and undertakes to appear on each and
every date of hearing if is released from jail.

h) That the real backdrop of the case is that the petitioner has been
falsely involved in this case, nothing was recovered for his possession,
while hand grenades were planted upon him by the complaint just to
show his efficiency.

i) That the impugned judgment is the result of misreading and

misinterpretation.

j) That no private witness was associated by the prosecution at the

time of recovery and arrest of the petitioner, all the PWs are police official
who could not prove the guilt of the petitioner, even no independent
witness has been produced by the prosecution.

k) That the petitioner has served substantive part of his sentence.

l) That Petitioner is ready to furnish the bailable bond to the entire
satisfaction of this honorable Court, in case of suspension of sentence and
there is no likelihood of his absconsion.

PRAYER:
Under the above circumstances, it is therefore ,most respectfully prayed
that the instant petition may kindly be accepted and the sentence awarded
vide judgment dated 29.09.2017 passed by learned trail court may very
graciously by suspended till the final disposal of the appeal and petitioner
may kindly be released on bail till the decision of appeal.

Petitioner
Through

SADDY MEHMOOD BUTT

(Advocate High Court)
CERTIFICATE:-
As per instructions of my client, this is the 2nd Petition on the subject
matter on statutory ground

ADVOCATE