2011 P Cr (PLP)
RANJHO — Applicant Versus THE STATE — Respondent
| Citation | 2011 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | RANJHO — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2011 P Cr (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 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 P Cr (PLP) (RANJHO — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 426
Penal Code (XLV of 1860), Ss.324/353
Attempt to commit qatl-e-amd and assault
Entire case was based on Police encounter
Five assailants were alleged to be armed with kalashnikovs who fired on the Police party, but none of the Police person had received even scratch injury
Applicability of S.324, P.P.C. would be considered at the time of disposal of the case
Sentence awarded to accused was suspended and he was released on bail.
Judgment & Decree
BHAJANDAS TEJWANI, J.
This is application for suspension-of sentence of seven years for offence under section 324, P.P.C. and one year for offence under section 353, P.P.C. awarded by the learned Assistant Sessions Judge Ubauro by judgment dated 31-7-2010. The learned counsel contended that this case is based on evidence of the police, alleging therein that there was encounter of the present appellant and others with police but none of the police party sustained any injury. Therefore, the trial Court should have determined that whether there was intention to commit the murder of anyone from the police party and applicability of section 324, P.P.C. in the circumstances. The learned counsel further submits that there was no convincing evidence before the trial Court to record the conviction against the present appellant. In last he submits that the disposal of appeal before this court will take considerable time, therefore, suspension of sentence may be considered. Mr. Shyam Lal A.P.-G. appearing for the state has opposed the suspension of sentence on the ground that sentence of seven years cannot be termed as short one and that case against the appellant was proved before the trial Court and the deeper appreciation at this stage cannot be made. It is a matter of record that the entire case is based on police encounter; that in all five assailants who were alleged to be armed with kilashnikoves fired on the police party but it is strange to note that from such kilashnikoves none of the police persons have received even scratch injury. Therefore, the applicability of section 324, P.P.C. is to be considered in the matter which will take considerable time in its disposal. Accordingly, this application is allowed and the sentence awarded by the learned Assistant Sessions Judge is hereby suspended. The appellant shall be released on bail subject to his furnishing surety in sum of Rs. 200,000 and P.R. bond in the like amount to the satisfaction) of the Deputy Registrar of this court. H.B.T./R-27/K Sentence suspended.