1986 PLP 1698 (MLD)
RASHID and another‑‑Petitioners Versus THE STATE Respondent
| Citation | 1986 PLP 1698 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Rust S. Sidhwa and, Khizar Hayat, JJ |
| Parties | RASHID and another‑‑Petitioners Versus THE STATE Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1986 PLP 1698 (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 1986 PLP 1698 (MLD)?
The case was heard and decided by the Lahore bench comprising: Rust S. Sidhwa and, Khizar Hayat, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 PLP 1698 (MLD) (RASHID and another‑‑Petitioners Versus THE STATE Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Raja Muhammad Anwar for Petitioners.
Headnotes / Summary
‑‑‑5.426‑‑Penal Code (XLV of 1860), 5.302/307/148/149 Suspension of sentence‑‑Injuries attributed to accused found to be simple‑‑Two years passed by but their appeal had not been set down for hearing and there were no immediate prospects of same being listed in near future‑‑Sentences suspended and accused released on bail. Nisar Khalil for the State.
Judgment & Decree
‑‑‑5.426‑‑Penal Code (XLV of 1860), 5.302/307/148/149 Suspension of sentence‑‑Injuries attributed to accused found to be simple‑‑Two years passed by but their appeal had not been set down for hearing and there were no immediate prospects of same being listed in near future‑‑Sentences suspended and accused released on bail. Raja Muhammad Anwar for Petitioners. Nisar Khalil for the State. Criminal Miscellaneous No.1 of 1986 RUSTAM S. SIDHWA, J.‑This is a petition under section 426, Cr.P.C. by Rashid, son of Amir and Nazir, sons of Yara, petitioners, for the suspension of their sentences, pending the finel disposal of their appeal. They have been convicted under sections 302/149, 307/149, 324/149 and 148, P.P.C. The maximum sentences awarded to the petitioners life imprisonment each.
2. Arguments heard. Rashid, petitioner, is alleged to have caught hold of Pehlwan, deceased, from his hair and to have given a Lath blow to Khan, deceased, on his right thigh, which was found to be simple. Nazir, petitioner, is alleged to have given Sota blow to Pehlwan, deceased, and a Lathi blow to Khan, deceased, which were found to be simple. Though two years have passed by, the appeal has not been set down for hearing and there are no immediate prospects of the Sam being listed in the near future. In these circumstances, the petitioner are entitled to have their sentences suspended.
3. For the foregoing .reasons, this petition is accepted and the sentences of Rashid and Nazir, petitioners, are suspended and they are released on bail, subject to their furnishing security in the sum o Rupees Thirty Thousand (Rs.30,000) each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Toba Tek Singh. M.Y. H. Bail granted.