1989 PLP 3728 (MLD)
MAHMOOD HUSSAIN SHAH‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1989 PLP 3728 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Rashid Aziz Khan, J |
| Parties | MAHMOOD HUSSAIN SHAH‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 3728 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 3728 (MLD)?
The case was heard and decided by the Lahore bench comprising: Rashid Aziz Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 3728 (MLD) (MAHMOOD HUSSAIN SHAH‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Zulfiqar Ali Shah for Petitioner.
Headnotes / Summary
‑‑‑S.426‑‑Penal Code (XLV of 1860), Ss.326 & 148/149‑‑Sentence, suspension of‑‑Earlier application for suspension of sentence withdrawn with the understanding that petitioner would not press for suspension of sentence if appeal was directed to be heard at early date‑‑Appeal not set for hearing even after one year‑‑Sentence suspended and bail allowed in circumstances. Raja Muhammad Ayyub for the Complainant. Nemo for the State.
Judgment & Decree
Syed Zulfiqar Ali Shah for Petitioner. Raja Muhammad Ayyub for the Complainant. Nemo for the State. The petitioner was sentenced to eight years' R.I. and a Fine of Rs.3,000 for an offence under section 326, P.P.C. on 11‑5‑1986. He appealed against his conviction and the same is pending. Learned counsel for the petitioner contends that it has been more than three years yet his appeal has not been heard, therefore, the petitioner is entitled to the concession of bail on the statutory ground. Learned counsel for the complainant has opposed the contentions.
2. I have heard the learned counsel. As a matter of fact, earlier the petitioner had filed an application for the suspension of his sentence but the same I was withdrawn on 28‑5‑1988 with the understanding that he would not press the suspension of sentence if the appeal was directed to be heard at some early date. Since then the appeal was not set for hearing and it has been a year now. In these circumstances, the sentence of the petitioner is suspended and he is allowed bail provided he furnishes security in the sum of Rs.20,000 with two sureties, each in, the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Islamabad. The file shall be sent back to Rawalpindi Bench. SA./M‑1484/L