2017 PLP 30 (YLRN)
ABDUL GHAFFAR — Petitioner Versus The STATE — Respondent
| Citation | 2017 PLP 30 (YLRN) |
| Forum / Court | Sindh (Larkana Bench) |
| Bench Members | Anwar Hussain, J |
| Parties | ABDUL GHAFFAR — Petitioner Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2017 PLP 30 (YLRN)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 30 (YLRN)?
The case was heard and decided by the Sindh (Larkana Bench) bench comprising: Anwar Hussain, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 30 (YLRN) (ABDUL GHAFFAR — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Habibullah Ghouri for Appellant.
Headnotes / Summary
S. 426
Penal Code (XLV of 1860), Ss. 324 & 353
Attempt to commit qatl-i-amd; assault or criminal force to deter public servant from discharge of his duty
Application for suspension of sentence pending appeal
Accused had been convicted and sentenced to undergo rigorous imprisonment for seven years along with payment of fine for the offence under S.324, P.P.C. and for two years along with fine for the offence under S. 353, P.P.C.
Present case was one of ineffective firing, but none from the police party had received any injury or even any scratch at the hands of the accused during the alleged encounter
Paper book of the appeal was still under preparation, and the final adjudication of the appeal would take some time
High Court, therefore, suspending the sentence, released the accused on bail during pendency of the appeal
Application under S. 426, Cr.P.C. was accepted accordingly. [Paras. 2, 3 and 4 of the judgment] 1999 SCMR 2589 and 1994 SCMR 1727 rel.
Judgment & Decree
ANWAR HUSSAIN, J.
Through this Application, the Appellant Abdul Ghaffar Marfani, seeks suspension of sentence awarded to him through impugned Judgment dated 08.9.2015, whereby he was convicted and sentenced for seven years with fine of Rs.10,000/-. Learned Counsel contends that, admittedly the case of prosecution was of ineffective firing, as none from Complainant party had received any injury or even scratch during alleged encounter; that during trial the Appellant was on bail and did not misuse concession of bail; that the Appellant is not a previous convict; that Appeal has been admitted for regular hearing but Paper Book is still not prepared and the hearing of Appeal will take time, therefore, the sentence awarded to Appellant may be suspended till decision of the main Appeal and Appellant may be enlarged on bail. In support of his contentions, the learned Counsel relied upon 1999 SCMR 2589 and 1994 SCMR 1727. Learned DDPP raised objection to grant of Application. Perusal of record shows that the Appellant was convicted and sentenced for offence under section 324, P.P.C. to suffer R.I. for seven years and fine of Rs.10,000/- in case of default to pay fine he was directed to suffer R.I. for two months more and for offence under section 353, P.P.C. to suffer R.I. for two years and pay fine of Rs.5000/- and in case of non-payment of fine he was directed to undergo R.I. for a month. Record further shows that it was the case of ineffective firing and none from Police party received any injury or even any scratch at the hands of accused persons during the alleged encounter. Furthermore, during trial the Appellant was on bail and in view of the impugned Judgment he was taken into custody, which reflects from the impugned Judgment. The Paper Book is still under process of preparation and final adjudication of this Appeal will take some time. In case of Mst. Latif Bibi v. Abdul Ghafoor and another (1994 SCMR 1727), the Hon'ble Apex Court suspended the sentence of life imprisonment of the Accused even in a murder case, as the Accused was not attributed any injury to the deceased. In view of the above circumstances, while relying upon case of Mst. Latif Bibi v. Abdul Ghafoor and another (supra), the sentence awarded to Appellant is hereby suspended and he is admitted to bail on furnishing solvent surety in the sum of Rs.100,000/- (One hundred thousand rupees) and P.R bond in the like amount before the Additional Registrar of this Court. SL/A-75/Sindh Sentence suspended.