1987 P Cr (PLP)
NAUKAR HUSSAIN — Appellant Versus THE STATE — Respondent
| Citation | 1987 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Ijaz Nisar, J |
| Parties | NAUKAR HUSSAIN — Appellant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1987 P Cr (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 1987 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Ijaz Nisar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 P Cr (PLP) (NAUKAR HUSSAIN — Appellant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana Badar Munir for Appellant.
Headnotes / Summary
S. 426--Penal Code (XLV of 1860), S.304, Part II--Sentence, suspension of--Trial Court observing that occurrence took place without premeditation, upon a sudden quarrel and accused not using any weapon in assault nor repeating injuries--Petitioner allowed bail, in circumstances. Muhammad Bashir Mirza for the State.
Judgment & Decree
Criminal Procedure Code (V of 1898)
S. 426--Penal Code (XLV of 1860), S.304, Part II--Sentence, suspension of--Trial Court observing that occurrence took place without premeditation, upon a sudden quarrel and accused not using any weapon in assault nor repeating injuries--Petitioner allowed bail, in circumstances. Rana Badar Munir for Appellant. Muhammad Bashir Mirza for the State. This is a petition on behalf of Naukar Hussain for suspension of sentence. He has been convicted by the learned Sessions Judge, Gujranwala on 11-11-1986 under section 304, Part II, P.P.C. and sentenced to undergo 5 years' R.I. plus fine with benefit of section 382-B, Cr.P.C. 2. Suspension of sentence is urged on the ground that the learned trial Court in para. No. 22 of his judgment has observed that 'the occurrence had taken place without pre-meditation upon a sudden quarrel in the fight which erupted suddenly. If Naukar Hussain had any intention to kill Muhammad Anwar, he must have come to the spot duly armed but admittedly he did not use any weapon in the assault. He also did not repeat the injuries'. 3. In view of the circumstances of the case, I grant the petition and suspend the sentence of the petitioner and admit him to bail subject to his furnishing security in the sum of Rs.15,000 with two sureties in the like amount to the satisfaction of A . C . , Gujranwala. S. G. D./750/L Bail allowed.