1989 PLP 702(2) (MLD)
MUHAMMAD ARSHAD alias ACHU and another — Petitioners Versus THE STATE — Respondent
| Citation | 1989 PLP 702(2) (MLD) |
| Forum / Court | Lahore |
| Bench Members | David Iqbal, CJ. and Ijaz Nisar, J |
| Parties | MUHAMMAD ARSHAD alias ACHU and another — Petitioners Versus THE STATE — Respondent |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898)- |
Q1: What are the key laws and sections cited in 1989 PLP 702(2) (MLD)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898)- as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 702(2) (MLD)?
The case was heard and decided by the Lahore bench comprising: David Iqbal, CJ. and Ijaz Nisar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 702(2) (MLD) (MUHAMMAD ARSHAD alias ACHU and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ijaa Hussain Batalvi for Petitioners.
Headnotes / Summary
S. 426--Penal Code (XLV of 1860), 302/34--Suspension of sentence Accused had not caused any injury to either of deceased and only simple injuries attributed to him were cause to prosecution witness--Sentence suspended and bail allowed to accused.
S. 426--Penal Code (XLV of 1860), 302/34--Suspension of sentence--Fatal injury attributed to accused and no ground made out on merits for his bail- Suspension of sentence not granted--Accused however prayed for summoning report about age and state of health of accused--Prayer allowed. Bashir War and Muhammad Asghar Choudhri for the Complainant.
Judgment & Decree
DAVID IQBAL, C.J.-- This is an application for suspension of sentence of Muhammad Arshad and Abdul Sattar petitioners. Each of them has been convicted under section 302/34, P.P.C. and sentenced to imprisonment for life plus fine as well as under section 307/34, P.P.C. and sentenced to five years' R.I. plus fine. It is a case in which two persons have been murdered. Muhammad Amin co-accused who is not petitioner before us has been awarded death sentence in the instant case and two persons have been acquitted.
2. It is argued on behalf of Muhammad Arshad petitioner that he was armed with a .12 bore gun and had not caus4d any injury to either of the deceased. The part attributed to him is that due to his firing Javid Baig P.W. sustained simple injuries. So far as Abdul Sattar petitioner is concerned he is stated to have caused fatal injury to one of the deceased in the instant case but it is submitted that Abdul Sattar petitioner is more than 80 years of age and, therefore, infirm. The part attributed to Muhammad Arshad petitioner is that as a result of his shot Javid Baig P.W. has sustained simple injuries on the right arm and right thigh. Learned counsel for the petitioners submits that these may be the result of stray pellets and that since Muhammad Arshad petitioner is not attributed any injury to either of the deceased he maybe admitted to bail and his sentence may be suspended.
3. Since Muhammad Arshad petitioner has not caused any injury to either of the deceased in the instant case and only simple injuries are attributed to him to a P.W. we suspend his sentence and admit him to bail subject to his furnishing security in the sum of Rs.50,000 (fifty thousands) with two sureties each in the like amount to the satisfaction of A.C., Kasur. So far as Abdul Sattar petitioner is concerned he is stated to have caused a fatal injury to one of the deceased in the instant case and, therefore, no ground is made out on merits for his bail. However, learned counsel wants us to summon a report about his age and state of health. The Superintendent, Central Jail, Kot Lakhpat, Lahore is hereby directed to get Abdul Sattar petitioner medically examined from the Medical Superintendent, Services Hospital. Lahore about his age and state of health and then forward his report to this Court within a period of 15 days. To come up on 2-6-1986. M.Y.H./M-1120/LSentence suspended.