2006 PLP 1211 (YLR)
MUHAMMAD YAQOOB and others — Petitioners/Appellants Versus THE STATE — Respondent
| Citation | 2006 PLP 1211 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Tanvir Bashir Ansari, J |
| Parties | MUHAMMAD YAQOOB and others — Petitioners/Appellants Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 1211 (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 2006 PLP 1211 (YLR)?
The case was heard and decided by the Lahore bench comprising: Tanvir Bashir Ansari, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1211 (YLR) (MUHAMMAD YAQOOB and others — Petitioners/Appellants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Abdul Salem and Ch. Riasat Ali for Petitioners/Appellants.
Headnotes / Summary
S. 426
Penal Code (XLV of 1860), Ss.324, 337-F(iii) (10), 148 & 149
Sentences awarded to applicants/accused were short
Accused had undergone a substantial portion of their sentences and unserved portion of sentence was brief within which it was not likely that appeal filed by accused would be taken up for regular hearing
If accused served out sentences before appeal was heard, same would be rendered infructuous
Sentences awarded to accused were suspended in circumstances. M. Aslam Bhatti for the State.
Judgment & Decree
TANVIR BASHIR ANSARI, J.--This is an application for suspension of sentence awarded to the petitioners vide judgment dated 28-2-2005. The petitioners were tried under sections 324/334/337-F(iv)/337-F(iii)/148/149, P.P.C. and were sentenced as under: Appellant No.1 Sentenced to three years' R.I. under section 324, P.P.C., under section 337-F(iii) two years' R.I. and 1 year's R.I. under sections 148/149, P.P.C. Appellant No.2 Sentenced to 3 years' R.I. under section 337-F(iv), P.P.C., 3 years' R.I. under section 324, P.P.C. and 1 year's R.I. under sections 148/149, P.P.C. Appellant No.3 Sentenced under section 324 to 3 year's R.I. under section 337-F(iii) two years' R.I. and under sections 148/149, P.P.C. to 1 year's S.I. Appellant No.4. Sentenced under section 334, I'.P.C., 3 years' R.I. under section 324, P.P.C. 3 years' R.I. and under sections 148/149, P.P.C. to 1 year's R.I.
2. It is contended by the learned counsel for the petitioners that the learned trial Court has not awarded the sentences to the petitioners/appellants consecutively. In the absence of such a condition, it will be deemed that the sentences are concurrent in nature against all the petitioners/appellants. It is submitted that this being so, the sentences are short. The petitioners/ appellants have already undergone a major portion of their sentences there is no likelihood of the appeal to be heard in near future. It is prayed that the sentences may be suspended.
3. After hearing the learned counsel for the parties it is found that sentences awarded to the petitioners/appellants are short. As the petitioners have undergone a substantial portion of their sentences, the unnerved portion of the sentences are brief within which time it is not likely that the appeal shall be taken up for regular hearing. In case the petitioners served out the sentences before the appeal is heard, the same shall be rendered infructuous.
4. In this view of the matter, the sentences of all the petitioners are suspended. The petitioners shall be released if not required in any other case subject to furnishing of bail bonds each in the sum of Rs.30,000 each with one surety each in the like amount to the satisfaction of the trial Court. H.B.T./M-1300/L Sentence suspended.