1993 P Cr (PLP)
Haji TAJ MUHAMMAD — Petitioner Versus THE STATE — Respondent
| Citation | 1993 P Cr (PLP) |
| Forum / Court | Federal Shariat Court |
| Bench Members | N/A |
| Parties | Haji TAJ MUHAMMAD — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1993 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 P Cr (PLP)?
The case was heard and decided by the Federal Shariat Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993 P Cr (PLP) (Haji TAJ MUHAMMAD — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- M. Aslam Chishti for Petitioner.
Headnotes / Summary
S. 401/402
Prohibition (Enforcement of Hadd) Order (4 of 1979) Art.3/4
Constitution of Pakistan (1973), Art.203-DD
Accused's appeal having already been decided by Federal Shariat Court, power under Offenders Probation Ordinance, 1961, could not be exercised
Federal Shariat Court neither had power to review its judgment passed in criminal appeal, nor did it enjoy powers of S.401 or 402, Cr.P.C. to suspend, remit or commute sentence of a convict
Application of the accused for remission of his sentence on the ground of being an old man and having passed 1/3rd of his sentence was, therefore, not maintainable and was rejected accordingly.
Judgment & Decree
Criminal Misc. No.30/Q of 1991, decided on 7th February, 1993.
S. 401/402
Prohibition (Enforcement of Hadd) Order (4 of 1979) Art.3/4
Constitution of Pakistan (1973), Art.203-DD
Accused's appeal having already been decided by Federal Shariat Court, power under Offenders Probation Ordinance, 1961, could not be exercised
Federal Shariat Court neither had power to review its judgment passed in criminal appeal, nor did it enjoy powers of S.401 or 402, Cr.P.C. to suspend, remit or commute sentence of a convict
Application of the accused for remission of his sentence on the ground of being an old man and having passed 1/3rd of his sentence was, therefore, not maintainable and was rejected accordingly. M. Aslam Chishti for Petitioner. Date of hearing: 4th February, 1993. The petitioner was convicted for offence under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 by the learned Additional Sessions Judge II, Quetta on 24-4-1991 and sentenced to suffer R.I. for 10 years, fine of Rs.10,000 in default to suffer 6 months' R.I. and five stripes. He challenged his conviction and sentences before this Court. By order, dated 21-1-1992 this Court dismissed his appeal on merit. However, his sentence was reduced from 10 years' R.I. to 3 years' R.I. The sentences of fine and whipping were maintained. He was extended benefit of section 382-B, Cr.P.C. also by this application he had requested for remission of his sentence on the ground that he is an old man and has passed 1/3rd of his sentence.
2. It may be observed that the petitioner's appeal has been decided hence, power under provisions of Offenders Probation Ordinance, 1961, cannot be exercised at this stage. Besides this Court does not have power .to review its judgment passed in criminal appeal. It may be further added that this Court does not enjoy powers of section 401 or 402 of Cr.P.C. to suspend, remit or commute sentence of a convict. The application is therefore, not maintainable and is rejected accordingly. N.H.Q./783/FSC Petition dismissed.