SCMR 2008

2008 PLP 171 (SCMR)

MUHAMMAD SADIQ — Petitioner Versus THE STATE — Respondent

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Jail Petition No.238 of 2006, decided on 24th July, 2007.
Honorable Judges
Abdul Hameed Dogar and Muhammad Nawaz Abbasi, JJ
Case Reference Summary (AEO Optimized)
Citation 2008 PLP 171 (SCMR)
Forum / Court Supreme Court of Pakistan
Bench Members Abdul Hameed Dogar and Muhammad Nawaz Abbasi, JJ
Parties MUHAMMAD SADIQ — Petitioner Versus THE STATE — Respondent
Primary Law Penal Code (XLV of 1860)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2008 PLP 171 (SCMR)?

This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2008 PLP 171 (SCMR)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdul Hameed Dogar and Muhammad Nawaz Abbasi, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2008 PLP 171 (SCMR) (MUHAMMAD SADIQ — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Penal Code (XLV of 1860)

Representation

  • M. Zaman Bhatti, Advocate Supreme Court for Petitioner.

Headnotes / Summary

(On appeal from the judgment, dated 20-4-2006 of the Lahore High Court, Lahore, passed in Criminal Appeal No.93 of 2001).

S. 302(b)-Constitution of Pakistan (1973), Art.185(3)

Contention was that accused being seventy years of age at the time of incident was a weak and infirm person and was not able to actively participate in the commission of offence

Accused even in his jail petition had mentioned his age as eighty years which was contended to be an extenuating circumstance for reduction of his sentence

Leave to appeal was granted to accused to consider the above contention. Ch. Munir Sadiq, Deputy Prosecutor-General, Punjab for the State.

Judgment & Decree

It is, inter alia, contended that petitioner is real brother of complainant who at the time of incident was seventy years of age is a weak and infirm person and was not able to actively participate in the commission of offence. According to him, petitioner even in his jail petition has mentioned his age as 80 years, which is an extenuating circumstance for reduction of sentence of petitioner. Leave to appeal is granted to consider the above' contention.

2. Notice be issued to complainant for a date in office. N.H.Q./M-96/SC Leave granted.