2003 PLP 1305 (YLR)
ZULFIQAR ALI — Petitioner Versus THE STATE — Respondent
| Citation | 2003 PLP 1305 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ch. Iftikhar Hussain and M.A. Shahid Siddiqui, JJ |
| Parties | ZULFIQAR ALI — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2003 PLP 1305 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 1305 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ch. Iftikhar Hussain and M.A. Shahid Siddiqui, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 1305 (YLR) (ZULFIQAR ALI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sahibzada Farooq Ali for Petitioner.
Headnotes / Summary
S.426
Penal Code (XLV of 1860), S.302(6)/34
Only evidence against the accused was of last seen and the same had not been found to be trustworthy by the Trial Court
Sentence of imprisonment for life awarded to accused by Trial Court was suspended in circumstances and he was admitted to bail accordingly. Hasan Rizvi for the State.
Judgment & Decree
‑‑‑‑S.426‑‑‑Penal Code (XLV of 1860), S.302(6)/34‑‑‑Suspension of sentence‑‑‑Only evidence against the accused was of last seen and the same had not been found to be trustworthy by the Trial Court‑‑‑Sentence of imprisonment for life awarded to accused by Trial Court was suspended in circumstances and he was admitted to bail accordingly. Sahibzada Farooq Ali for Petitioner. Hasan Rizvi for the State. Petitioner/appellant Zulfiqar Ali through the instant petition seeks suspension of his sentence and admitting him to bail pending disposal of his appeal. He was convicted under section 302(b) read with section 34, P.P.C. by Syed Mehboob Qadir Shah, learned Additional Sessions Judge, Vehari vide his judgment dated 31‑5‑2002 in case; F.I.R. No.4 dated 9‑1‑2001 Police Station Tibba Sultanpur, District Vehari and sentenced him to imprisonment for life and further directed to pay Rs.50,000 as compensation under section 544‑A, Cr.P.C., to the legal heirs of deceased and also under section 201/34, P. P. C. to 7 years imprisonment.
2. It has been contended on his behalf that the only evidence against him is of last seen, while the learned trial Court has found the same to be not trustworthy and in such circumstances he could not be convicted and of the success of his appeal and setting aside of his conviction and sentence.
3. The learned State Counsel though has opposed the petition but has conceded that the only evidence against him is of last seen and the same has not been found to be trustworthy by the learned trial Court.
4. In view of the above position, we have been pursuaded to accept the petition. The same, therefore, is accepted and his sentence is suspended and he is admitted to a bail pending dispose of his appeal subject to his furnishing bail bonds in the sum of Rs.1,00,000 (one lac) with two sureties each in the like amount to the satisfaction of the learned trial Court. N.H.Q./Z‑152/L Sentence suspended.