2023 PLP 1819 (YLR)
FARHAN ALI and others — Appellants Versus The STATE and others — Respondents
| Citation | 2023 PLP 1819 (YLR) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | FARHAN ALI and others — Appellants Versus The STATE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2023 PLP 1819 (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 2023 PLP 1819 (YLR)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2023 PLP 1819 (YLR) (FARHAN ALI and others — Appellants Versus The STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Tayyab Naveed Malik for Petitioner.
Headnotes / Summary
S. 426
Penal Code (XLV of 1860), Ss. 302, 324, 337-D, 337-F(i), 337-F(ii), 337-A(i), 148, 149 & 34
Murderous assault with a hatchet
Suspension of sentence pending appeal
Scope
Accused sought suspension of his sentence
Accused was charged under the allegation of causing an injury on the head of deceased with hatchet which injury was observed by the doctor as measuring 5x1 cm with a skin cut and such injury had not been declared as the cause of death
During investigation nothing was recovered from the accused; even motive had not been proved during trial
Accused was behind bars since his arrest; his criminal liability was open to assessment at the time of appraisal of evidence while hearing the main appeal
At present Court could not go deep into the evidence
Accused had made out a case of further inquiry
Sentence of the accused was suspended till final decision of the appeal.
Judgment & Decree
Crl. Misc. No.01/2022 MUHAMMAD AMJAD RAFIQ, J.
Through this petition under Section 426, Cr.P.C. petitioner Muhammad Farhan Ali has sought the suspension of sentence awarded to him by the learned Additional Sessions Judge, Shakargarh vide judgment dated 29.03.2022 passed in private complaint recorded under sections 302/ 324/ 337-D/ 337-F(i)/ 337-F(ii)/ 337-A(i)/ 148/149 and 34, P.P.C. in case FIR No.253 dated 18.10.2019 at Police Station Noor Kot Shakargarh District Narowal, whereby he was sentenced as under:- > Imprisonment for life under section 302(b), P.P.C. with compensation of Rs.20,00,000/- each, in default thereof, to further undergo simple imprisonment for six months each. Benefit of Section 382-B, Cr.P.C. was extended.
2. Heard. Record perused.
3. The petitioner was charged under the allegation of causing an injury on the head of deceased with hatchet which injury was observed by the doctor measuring 5x1 cm with a skin cut and such injury has not been declared as cause of death. During investigation nothing was recovered from the petitioner; even motive has not been proved during the trial. The petitioner is behind the bars since 29.03.2022; his criminal liability is open to assess at the time of reappraisal of evidence while hearing the main appeal. Therefore, at present Court cannot go deep into the evidence which is not permissible. I have sought guidance from the dictum laid down in cases "Mazhar Ahmed v. The State and another" (2012 SCMR 997) and "Iftikhar Ahmed v. The State and others" (2014 SCMR 7) wherein it was held; "It is well settled that the principles for suspension of sentence under section 426, Cr.P.C. are analogous to the principles of bail in terms of section 497, Cr.P.C."
4. In view of what has been discussed above petitioner has made out a case for further inquiry, therefore, the petition in hand is allowed, impugned judgment dated 29.03.2022 is hereby suspended till the final decision of his appeal subject to furnishing bail bonds in the sum of Rs.200,000/- with one surety in the like amount to the satisfaction of the Deputy Registrar (Judl.) of this Court. The petitioner is directed to remain incessant in appearing before the Court on each and every date of hearing in the appeal. SA/F-5/L Sentence suspended.