2011 PLP 2283 (YLR)
MUHAMMAD BUX — Appellant Versus THE STATE — Respondent
| Citation | 2011 PLP 2283 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Ghulam Sarwar Korai, J |
| Parties | MUHAMMAD BUX — Appellant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2011 PLP 2283 (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 2011 PLP 2283 (YLR)?
The case was heard and decided by the Karachi bench comprising: Ghulam Sarwar Korai, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP 2283 (YLR) (MUHAMMAD BUX — Appellant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Madad Ali Shah for Appellant.
Headnotes / Summary
S.426
Penal Code (XLV of 1860), S.302
Suspension of sentence pending appeal, application for
Appeal had not been proceeded since last more than five years without any fault on the part of appellant/accused, who was behind the bars since 2-1-2004
Application for suspension of sentence was allowed and sentence awarded to accused was suspended and he would be released on bail, in circumstances. Muhammad Iqbal Kalhoro, Addl. Prosecutor General Sindh for the State.
Judgment & Decree
GHULAM SARWAR KORAI, J.
This application has been filed for suspension of sentence and release of the appellant on bail on the ground of hardship. Appellant was convicted by the Court of 1st Additional Sessions Judge, Sanghar, vide impugned Judgment dated 12-9-2006 for offence punishable under section 302, P.P.C. to suffer R.I. for life and to pay fine of Rs.100,
000. In case of default whereof to suffer R.I. for two years more. Learned counsel for the appellant submits the appellant is behind the bars since 9-1-2004 and he has not been released even during pendency of the case. Learned counsel further submits that the Appeal was filed by the appellant on 26-9-2006 and was admitted for regular hearing on 12-10-2006 but could not be heard for want of time and there is no likelihood that the Appeal be heard in near future. Mr. Muhammad Iqbal Kalhoro, A.P.-G. appearing for the . State has opposed this application on the ground that the appellant is involved in murder case, therefore, he is not entitled for suspension of sentence and release on bail. The Appeal has not been proceeded since last more than five years without any fault on the part of the appellant who is behind the bars since 9-1-2004, therefore, this application for suspension of sentence is allowed. The sentence awarded to the appellant is suspended and he shall be released on bail upon furnishing solvent surety in the sum of Rs. 300,000 (Three Hundred Thousand) each and P.R. bond in the like sum to the satis?faction of Additional Registrar of this Court. H.B.T./M-109/K????????????????????????????????????????????????????????????????????? Application allowed.