2005 PLP 1049 (YLR)
MAQSOOD AHMAD — Petitioner Versus THE STATE — Respondent
| Citation | 2005 PLP 1049 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ch. Iftikhar Hussain, J |
| Parties | MAQSOOD AHMAD — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 1049 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1049 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ch. Iftikhar Hussain, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1049 (YLR) (MAQSOOD AHMAD — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qaiser Abbas Qaiser for Appellant.
Headnotes / Summary
S.426
Penal Code (XLV of 1860), S.320
Offence under S.320, P.P.C. was bailable
Principles governing the question of grant or otherwise of bail to an under trial prisoner were also relevant to the question of suspension or otherwise of sentence of a convict
Sentence of accused was short (two years) while his appeal was not likely to be heard in the near future, rather it was very much likely that he might suffer his entire sentence in Jail before the hearing of his appeal
Release of accused would also facilitate to enable him to earn for payment of Diyat
Sentence of accused was suspended in circumstances and he was released on bail accordingly. Abdul Hameed v. The State 2001 MLD 1577 ref. Ashfaq Ahmad Chaudhry for the State.
Judgment & Decree
Maqsood Ahmad, the applicant through the instant petition has sought for suspension of his sentence and admitting him to bail pending the disposal of his titled appeal against the judgment dated 31-7-2003 recorded by Mr. Imtiaz Hussain, learned Additional Sessions Judge, Narowal.
2. He vide the same was convicted under section 320, P.P.C. and sentenced to imprisonment for two years and to pay Diyat Rs.3,00,000 to the legal heirs of the deceased Abdul Ghafoor. He was further sentenced to pay Rs.10,000 as Daman to injured P.W. Abdul Sattar in case F.I.R. No.4, dated 5-1-2002 registered with Police Station, Sadar, Narowal.
3. It has been contended on his behalf that the offence under section 320, P.P.C. is bailable; that the sentence is short; that there is no likelihood of early hearing of his appeal in the near future and it rather is very much likely that he may suffer his entire sentence before the hearing of his appeal.
4. Conversely, the learned counsel for the State has opposed the petition. He, however, has conceded that the offence under section 320, P.P.C. is bailable and that the sentence is short.
5. I have carefully considered the submissions made by both the parties with the help of available record.
6. Admittedly the offence under section 320, P.P.C. is bailable.
7. I may mention here that the same principles, which govern the question of grant or otherwise of bail to an under-trial prisoner are relevant as are regarding the question of suspension or otherwise of sentence of a convict.
8. His sentence is also short while there is no likelihood of early hearing of his appeal in the near future and rather it is very much likely that he may suffer his entire sentence in jail before the hearing of his appeal.
9. Even otherwise his release would facilitate to enable him to earn for payment of Diyat. In this regard reference is made to the case of Abdul Hameed v. The State 2001 MLD 1577.
10. I, therefore, have been persuaded to suspend his sentence. The petition, therefore, is accepted and his sentence is suspended and he pending the disposal of his appeal is admitted to bail subject to his furnishing bail bonds in the sum of Rs.3,00,000 (Rupees three lacs) with one surety in the like amount to the satisfaction of the learned trial Court. N.H.Q./M-2289/L Sentence suspended.