2020 P Cr (PLP)
ABDUL JABBAR alias MUHAMMAD IQBAL — Appellant Versus The STATE and another — Respondents
| Citation | 2020 P Cr (PLP) |
| Forum / Court | Lahore (Multan Bench) |
| Bench Members | N/A |
| Parties | ABDUL JABBAR alias MUHAMMAD IQBAL — Appellant Versus The STATE and another — Respondents |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2020 P Cr (PLP)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2020 P Cr (PLP)?
The case was heard and decided by the Lahore (Multan Bench) bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 P Cr (PLP) (ABDUL JABBAR alias MUHAMMAD IQBAL — Appellant Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 426
Penal Code (XLV of 1860), S. 320
Qatl-i-khata by rash or negligent driving
Suspension of sentence pending appeal
Scope
Appellant sought suspension of his sentence and release on bail during the pendency of appeal on the statutory ground of delay in its decision
Held, appellant was in jail for a period of more than two years and there was no hope of early hearing of the appeal
Appellant had not contributed towards delay in decision of appeal
Suspension of sentence was a rule and its refusal was an exception
Petition for suspension of sentence was allowed and the appellant was ordered to be released on bail. [Paras. 4 & 5 of the judgment]
S. 426
Suspension of sentence, pending appeal
Scope
Suspension of sentence is a rule and its refusal is an exception. [Para. 4 of the judgment]
Judgment & Decree
MUJAHID MUSTAQEEM AHMED, J.
By moving this petition in terms of section 426, Cr.P.C., Abdul Jabbar alias Muhammad Iqbal applicant/ appellant has prayed for suspension of sentence and release on bail during pendency of main appeal, mainly on statutory ground.
2. It has been maintained by learned counsel for the applicant/ appellant that appellant was convicted in case FIR No.473/2014 dated 13.09.2014 offence under section 302, P.P.C., registered at Police Station City Noor Shah, District Sahiwal vide judgment dated 21.02.2017 passed by learned Additional Sessions Judge, Sahiwal and sentenced to seven years' rigorous imprisonment under section 320, P.P.C. and the applicant/ appellant has filed appeal against that conviction judgment on 13.07.2017 but till date appeal has not been decided.
3. Arguments heard. Record perused.
4. The appellant/ applicant was convicted vide judgment dated 21.02.2017 and appeal was filed on 13.07.2017. As such, the appellant is in jail for a period of more than two years. There is no hope of early hearing of the appeal. The record reveals that appellant has not contributed towards delay in decision of appeal. In case `Naveed alias Navidi v. The State' (2011 PCr.LJ 1971 Lahore) Division Bench of this Court, while interpreting section 426(1-A), Cr.P.C. relying on case 'Liaqat and another v. The State' (1995 SCMR 1819) observed that suspension of sentence is a rule and its refusal is an exception.
5. As such, without touching the merits of case, instant petition is allowed on statutory ground and sentence of applicant/ appellant is suspended and he is ordered to be released on bail subject to furnishing his bail bonds in the sum of Rs.2,00,000/- with one surety in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court. The applicant/appellant will appear before this Court on each and every date of hearing till final disposal of main appeal. SA/A-105/L Bail granted.