1999 PLP 2283 (SCMR)
MUHAMMAD AFZAL alias SEEMA — Petitioner Versus THE STATE — Respondent
| Citation | 1999 PLP 2283 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sh. Riaz Ahmed and Munir A. Sheikh, JJ |
| Parties | MUHAMMAD AFZAL alias SEEMA — Petitioner Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1999 PLP 2283 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 2283 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sh. Riaz Ahmed and Munir A. Sheikh, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 2283 (SCMR) (MUHAMMAD AFZAL alias SEEMA — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Raja Muhammad Anwar, Senior Advocate Supreme Court and Ch. Talib Hussain, Advocate-on-Record for Petitioner
- Date of hearing: 4th January, 1999.
Headnotes / Summary
(On appeal from the judgment dated 21-7-1997 of the Lahore High Court passed in Criminal Appeal No.293 of 1994).
Ss. 306, 308 & 311
Constitution of Pakistan (1973), Art. 185(3)
Delay of eight days in filing the petition for leave to appeal was condoned as the accused was minor of thirteen years at the time of commission of the offence
Leave to appeal was granted by Supreme Court to consider whether the accused could be imprisoned in jail for indefinite period till the payment of Diyat money under S. 311, P.P.C. Nemo for the State.
Judgment & Decree
MUNIR A. SHEIKH, J.
This petition for leave to appeal is directed against the judgment dated 21-7-1997 of the Lahore High Court passed in Criminal Appeal No.293 of 1994.
2. This petition is barred by time by eight days. For reasons recorded in the application seeking condonation of delay and keeping in view that the petitioner was minor of 13 years old when the offence was committed, we condone the delay.
3. The petitioner alongwith other was tried under section 302/34, P.P.C. for the murder of Muhammad Hussain and being minor was convicted under sections 306 and 308, P.P.C. and sentenced to 7 years as Tazir and also to pay Diyat to the tune of Rs.1,75,000 in lump sum or in 10 equal instalments to the legal heirs of the deceased, failing which he was ordered to remain in jail till the said amount was paid. The High Court, however, in appeal through the impugned judgment dated 21-7-1997 directed that the petitioner should be arrested and imprisoned for the payment of amount of Diyat.
4. Leave to appeal is granted to consider whether the petitioner could be imprisoned in jail for indefinite period till the payment of Diyat money under section 311, P.P.C.
5. Notice in the bail application. N.H.Q./M-322/S Leave to appeal granted.