2008 PLP 600 (YLR)
Mst. MARYAM BIBI — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 600 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Farrukh Mahmud, J |
| Parties | Mst. MARYAM BIBI — 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 600 (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 2008 PLP 600 (YLR)?
The case was heard and decided by the Lahore bench comprising: Muhammad Farrukh Mahmud, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 600 (YLR) (Mst. MARYAM BIBI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S.426
Penal Code (XLV of 1860), Ss.302, 404, 411, 201, 109 & 34
Petitioner/ accused was not the principal accused and she had been convicted for abetting the offence
Petitioner who was a woman of advance years, was mother of three co-accused, her case was covered by first proviso to subsection (1) of S.497, Cr.P.C., which could be considered for the purpose of suspension of sentence as well
Petitioner was in jail for the last about 2 years and 7 months
Sentence of petitioner was suspended, in circumstances. Altaf Ibrahim Qureshi for the Petitioner/Appellant. Ch. Falak Sher for the State.
Judgment & Decree
MUHAMMAD FARRUKH MAHMUD, J.
Mst. Maryam Bibi petitioner-appellant, through this petition has sought suspension of sentence and her release on bail during the pendency of the instant appeal.
2. The relevant facts are that Mst. Maryam Bibi was sent up to face trial along with her three sons in case F.I.R. No.195, registered with Police Station Talamba on 7-7-2001 for an offence under sections 302/109/201/404/411/34, P.P.C. for causing murders of Walayat Hussain and Shaukat Asim and for abetting and destroying the evidence. Vide judgment dated 24-12-2003 the learned Trial Court convicted Mst. Maryam Bibi as follows:-- (i) Under sections 302/109, P.P.C. on two counts she 'was sentenced to imprisonment for life on each count. (ii) Under section 201/34, P.P.C. 5 years' R.I. plus fine of Rs.5,000 on two counts. All the sentences were to run concurrently and benefit of section 382-B, Cr.P.C. was given.
3. We have heard learned counsel for the parties and have also gone through the relevant record of the case. Undeniably, the petitioner is not the principal accused and she has, been convicted for abetting the offence; the petitioner who is a woman of advance years is mother of the three co accused. Her case is covered by first proviso to subsection (1) of section 497, Cr.P.C. which can be considered for the purpose of suspension of sentence as well. She is in jail for about 2 years and 7 months. In the above noted circumstances we allow this petition suspend the sentence and admit Mst. Maryam Bibi to bail subject to her furnishing bail bonds 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 Deputy Registrar (Judl.)/Additional Registrar of this Bench. H.B.T./M-322/L????????????????????????????????????????????????????????????????????????????????? Sentence suspended.