2011 YLR 2393 (1) (PLP)
JALAL DIN — Applicant Versus THE STATE and another — Respondents
| Citation | 2011 YLR 2393 (1) (PLP) |
| Forum / Court | Karachi |
| Bench Members | Muhammad Tasnim, J |
| Parties | JALAL DIN — Applicant Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2011 YLR 2393 (1) (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 2011 YLR 2393 (1) (PLP)?
The case was heard and decided by the Karachi bench comprising: Muhammad Tasnim, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 YLR 2393 (1) (PLP) (JALAL DIN — Applicant Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S.426
Penal Code (XLV of 1860), S. 320
Qatl-e-khata
Suspension of operation of impugned judgment, application for
Accused who was convicted and sentenced for five years' R.I. had filed appeal against order of conviction and sentence
Pending appeal, accused had filed application for suspension of operation of impugned judgment
Since the offence for which accused was charged was bailable, sentence awarded to him was short and there being no possibility of hearing of appeal in near future, application was allowed and operation of impugned judgment was suspended and accused was admitted to bail. Naleymitho Q.M. Ishaque for Applicant. Ms. Rahat Ahsan, D.P.-G. for the State.
Judgment & Decree
MUHAMMAD TASNIM, J.
This being first appeal against judgment dated 24-3-2011 whereby the present appellant has been convicted and sentenced for the offence under section 320, P.P.C. to undergo Rigorous Imprisonment for five years. The appeal is admitted to regular hearing. Notice. Call Record and Proceedings and paper book be prepared and, thereafter, put up the matter in Court for regular hearing.
2. This is an application under section 426, Cr.P.C. praying therein that the operation of the impugned judgment may be suspended and the present appellant may be enlarged on bail. It is contended by the learned counsel for appellant that during pendency of the case before the trial Court the present appellant was on bail and he had regularly attended the Court and after conviction he was taken into custody and ever since then he is in custody.
3. Since the offence for which the present appellant was charged is bailable and sentence awarded to him is also a short and there is no possibility of hearing of this appeal in near future. In the circumstances, the application is allowed. The operation of impugned judgment is suspended. The appellant is admitted on bail subject to furnishing surety in the sum of Rs.100,000 (Rupees One Lac only) with P.R. bond in the like amount to the satisfaction of the Nazir of this Court. H.B.T./J-14/K????????????????????????????????????????????????????????????????????????????????????? Sentence suspended.