1987 PLP 2041 (SCMR)
RIZWAN ZAFAR‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1987 PLP 2041 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Shafiur Rahman, Javid Iqbal and Saad Saood Jan, JJ |
| Parties | RIZWAN ZAFAR‑‑Petitioner Versus THE STATE‑‑Respondent |
Q1: What are the key laws and sections cited in 1987 PLP 2041 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 2041 (SCMR)?
The case was heard and decided by the High Court bench comprising: Shafiur Rahman, Javid Iqbal and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 2041 (SCMR) (RIZWAN ZAFAR‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Kh. Sultan Ahmad, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 2nd August, 1987.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, Lahore dated 13‑5‑1987 passed in C.M.I. /87 in Criminal Appeal No.236 of 1987). Criminal Procedure Code (V of 1898)‑‑ ‑‑S. 426‑‑Penal Code (XLV of 1860), S. 326‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Suspension of sentence during pendency of appeal‑‑Substantial sentence‑‑Effect of‑‑Petitioner convicted under 5.326, P. P. C. and sentenced to seven years' rigorous imprisonment‑ High Court declining to suspend his sentence during pendency of appeal‑‑Order impugned‑‑Evidence against petitioner having been believed by Trial Court that he fired and grievously hurt a member of complainant party, and sentence awarded to him being substantial, no interference, held, was called for in, discretion exercised by High Court‑‑Sentence of co‑convict who was awarded three years' sentence being comparatively short and his case thus being distinguishable from that of petitioner, petition was dismissed being without any merit.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑The petitioner alongwith six other persons was tried by the Session Judge, Sargodha for offences falling under sections 302 and 307, read with section 149, and section 148 of the Pakistan Penal Code. The learned Sessions Judge found that each of the accused was responsible for his own individual act and that the attack on the complainant party had not been made in prosecution of a common object. The petitioner was found to have fired at Muhammad Sharif P.W; accordingly, he was convicted of an offence under section 326 and sentenced to suffer rigorous imprisonment for a period of seven years in addition of fine. He filed an appeal before the High Court alongwith the other convicts and also made a prayer for the suspension of his sentence during the pendency of the appeal. The High Court declined to suspend hip sentence. From the order of the High Court in this regard he seek leave to appeal from this Court.
2. There is evidence against the petitioner which has been believed by the trial Court that he fired at and grievously hurt a member of the complainant party. The sentence awarded to him is fairly substantial. No case for interfering with the discretion exercised by the High Court has been made out.
3. Learned counsel for the petitioner has pointed out that the High Court has suspended the sentence of one of the co‑convicts, namely, Fateh Haidar. It is to be noticed that Fateh Haidar was convicted of the offence under section 324 of the Pakistan Penal Code and was sentenced to imprisonment for a period of three years.' Thus the sentence awarded to him was comparatively shorter. This is one of the grounds which has prevailed with the High Court in suspending his sentence. Clearly the case of Fateh Haidar is distinguishable from that of the petitioner.
4. This petition is without any merit and is hereby dismissed. M.I./R‑25/S. Petition dismissed.