2008 PLP 330 (MLD)
FAYYAZ — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 330 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | FAYYAZ — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 330 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 330 (MLD)?
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: 2008 PLP 330 (MLD) (FAYYAZ — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Altaf Ibrahim Qureshi for Petitioner-Appellant.
Headnotes / Summary
S.426
Penal Code (XLV of 1860), Ss.302(b) & 379
F.I.R. in the case had been lodged with a delay of twenty-five days and even in that belated F.I.R. only a suspicion had been expressed by the complainant regarding involvement of accused in the alleged murder
Alleged murder had remained un-witnessed
Apparently the prosecution had relied upon the last seen evidence and the evidence regarding selling of some goats by petitioner/accused which goats statedly belonged to the deceased
Worth of such pieces of circumstantial evidence would require a serious reconsideration by the court at the time of hearing of the petitioner's main appeal
Petitioner was a child within the preview of the Juvenile Justice System Ordinance, 2000 and he was tried by a Juvenile Court
Petitioner was behind the bars since the year 2002 and no prospect existed of an early hearing of the main appeal
Allowing petition, sentences passed by the Trial Court against, the petitioner were suspended and he was admitted to bail.
Judgment & Decree
Criminal Miscellaneous No. 1 of 2006 ASIF SAEED KHAN KHOSA, J.
Through this miscellaneous petition Fiyyaz petitioner-appellant has sought suspension of his sentences and release on bail during the pendency of his appeal before this Court.
2. After hearing the learned counsel for the parties and going through the judgment passed by the learned trial Court it has been noticed by me that the F.I.R. in this case had been lodged with a delay of twenty-five days and even in that belated F.I.R. only a suspicion had been expressed by the complainant regarding the petitioner's involvement in the alleged murder. It is not disputed that the alleged murder had remained un-witnessed. Apparently the prosecution had relied upon the last-seen evidence and the evidence regarding selling of some goats by the petitioner which goats statedly belonged to the deceased. The worth and sufficiency of such pieces of circumstantial evidence shall require a serious re-consideration by this Court at the time of hearing of the petitioner's main appeal. The petitioner was a `child' within the purview of the Juvenile Justice System Ordinance, 2000 and he was tried by a' Juvenile Court. According to the learned counsel for the petitioner the petitioner is behind the bars in connection with this case since the year, 2002. There is no prospect of an early hearing of the main appeal. This miscellaneous petition is, therefore, allowed, the sentences passed by the learned trial Court against the petitioner are suspended and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.1,00,000 (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court. H.B.T./F-34/L Sentence suspended.