SCMR 1989

1989SCMR458 (PLP)

Mst. KHALIDA MUMTAZ Petitioner Versus HAMID ALI KHAN and others — Respondents

Jurisdiction / Court
High Court
Decided Date
Criminal Petition No.197 of 1987, decided on 19th July, 1988.
Honorable Judges
Muhammad Afzal Zullah and Javid Iqbal, JJ
Case Reference Summary (AEO Optimized)
Citation 1989SCMR458 (PLP)
Forum / Court High Court
Bench Members Muhammad Afzal Zullah and Javid Iqbal, JJ
Parties Mst. KHALIDA MUMTAZ Petitioner Versus HAMID ALI KHAN and others — Respondents
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1989SCMR458 (PLP)?

This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1989SCMR458 (PLP)?

The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Javid Iqbal, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1989SCMR458 (PLP) (Mst. KHALIDA MUMTAZ Petitioner Versus HAMID ALI KHAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • A.H. Najfi, Advocate Supreme Court and SAbid Nawaz, Advocate-on-Record for Petitioner.
  • Rafiq Ahmad Bajwa, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Respondents.
  • Date of hearing: 19th July, 1988.
  • A.H. Najfi, Advocate Supreme Court and SAbid Nawaz, Advocate‑on-Record for Petitioner.
  • Rafiq Ahmad Bajwa, Advocate Supreme Court and Tanvir Ahmad, Advocate‑on‑Record for Respondents.
  • Niamat Khan, Advocate Supreme Court for the State.

Headnotes / Summary

(Against the judgment and order of the Lahore High Court, Lahore, dated 16-5-1987 in Cr.Misc. No.l/1987 in CrA. No.263/1987).

S.426--Penal Code (XLV of 1860), Ss.307/148/149 & 457/380--Constitution of Pakistan (1973), Art.185(3)--Validity of order--Suspension of sentence of convicts--High Court's order suspending sentence of convict respondents challenged--Leave to appeal granted to examine validity of impugned order--One of respondents being in custody, petition converted into appeal and fixed for early disposal. Niamat Khan, Advocate Supreme Court for the State.

Judgment & Decree

MUHAMMAD AFZAL ZULLAH, J.‑‑After hearing the learned counsel from both the sides, we consider it a fit case for grant of leave to appeal in order to examine the validity of the impugned order, whereby the sentence of A convicts/respondents in a case under sections 307/148/149, 457/380, P.P.C. was suspended by the High Court, under section 426, Cr.P.C. As one of the respondents (having been arrested as a result of non‑bail able warrants issued by this Court on his non‑appearance) is in custody; therefore, we convert this petition into an appeal and fix it for hearing and disposal on 7th of August, 1988. The appeal shall be prepared on the present record with direction to the parties to file all necessary documents. No adjournment to be granted on any ground. M.I./K‑‑75/S Leave granted.