1998 PLP R523 (SCMR)
KHALIL‑UR‑REHMAN‑‑‑Petitioner Versus MUHAMMAD AFZAL and another‑‑‑Respondents
| Citation | 1998 PLP R523 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Munir Khan and Raja Afrasiab Khan, JJ |
| Parties | KHALIL‑UR‑REHMAN‑‑‑Petitioner Versus MUHAMMAD AFZAL and another‑‑‑Respondents |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP R523 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP R523 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Munir Khan and Raja Afrasiab Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP R523 (SCMR) (KHALIL‑UR‑REHMAN‑‑‑Petitioner Versus MUHAMMAD AFZAL and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Maqbul Elahi Malik, Advocate Supreme Court for Petitioner.
- S.M. Tayyab, Advocate Supreme Court instructed by S. Inayat Hussain, Advocate‑on‑Record for Respondent No.1/Caveator.
- Date of hearing: 4th September, 1995.
- S.M. Tayyab, Advocate Supreme Court instructed by S. Inayat Hussain, Advocate-on-Record for Respondent No.1/Caveator.
- S.D.M. Qureshi, Advocate for the State
Headnotes / Summary
(On appeal from the order of the Lahore High Court dated 4‑7‑1995 passed in Crl. Misc. No. 1/95 in Criminal Appeal No. 122 of 1995). ‑‑‑‑Ss. 302 & 324‑‑‑Criminal Procedure Code (V of 1898), S. 426‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Suspension of sentence during pendency of appeal‑‑‑Motive for commission of crime was weak‑‑‑Weapon of offence could not be recovered by the Investigator‑‑‑Deceased was involved in a number of criminal cases‑‑‑Sentence of accused had rightly been suspended by the High Court in circumstances‑‑‑Leave to appeal was refused to the complainant in circumstances. S.D.M. Qureshi, Advocate for the State
Judgment & Decree
RAJA AFRASIAB KHAN, J.
On 26th of January, 1995, respondent No.1, Muhammad Afzal was convicted and sentenced to imprisonment for life under section 302, P.P.C., for the murder of Muhammad Shah by a learned Additional Sessions Judge, Gujrat. Like-wise, under section 324, P.P.C., he was convicted and sentenced to R.I., for three years and fine of Rs.3,000 or in default to undergo R.I. for six months for making murderous assault upon Najib-ur-Rehman P.W. A petition under section 426, Cr.P.C., was moved by the respondent for suspension of his sentence. On 4-7-1995, a learned Judge in the Lahore High Court admitted the respondent to bail by suspending his sentence. This petition seeking leave to appeal has been instituted by the complainant, Khalil-ur: Rehman. Learned counsel submits that prosecution proved its case against the respondent and as such, he was rightly convicted and sentenced. According to learned counsel, there existed no legal justification to suspend his sentence. Learned State counsel supports the application for cancellation of bail. It appears that the learned High Court was Influenced with the remarks having been made by the trial Judge in para. 16 of his judgment. It was noted that motive for commission of crime was weak and also no recovery of weapon of offence could be effected by the investigator. It was observed that deceased (Muhammad Shah) was involved in a number of criminal cases. Without expressing any opinion on merits, we are not inclined to interfere inasmuch as sentence of the respondent has rightly been suspended. In the peculiar facts and circumstances of this case, leave to appeal is refused by dismissing this petition. N.H.Q./K-297/S Leave refused.