1995SCMR1157 (PLP)
MUHARRAM ALI ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1995SCMR1157 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saad Saood Jan, Actg. CJ., Muhammad Rafiq Tarar and |
| Parties | MUHARRAM ALI ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | West Pakistan Arms Ordinance (XX of 1965)‑‑‑ |
Q1: What are the key laws and sections cited in 1995SCMR1157 (PLP)?
This judgment primarily cites: West Pakistan Arms Ordinance (XX of 1965)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995SCMR1157 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saad Saood Jan, Actg. CJ., Muhammad Rafiq Tarar and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995SCMR1157 (PLP) (MUHARRAM ALI ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abid Hassan Minto, Advocate Supreme Court and Sh. Masood Akhtar, Advocate‑on‑Record for Petitioner.
- Date of hearing: 18th May, 1994.
- 4. After hearing the learned counsel for petitioner as well as learned counsel for the State, we are of the view that sentence imposed upon the petitioner under section 5 of the Explosive Substances Act, is rather excessive, we, therefore, convert this petition into appeal and allow the same to the extent that the sentence of 7 years awarded by the High Court is further reduced to R.I. for five years. This appeal in terms indicated above is disposed of.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, dated 19‑10‑1993, in CrA.427/1991). ‑‑‑‑S. 13‑‑‑Explosive Substances Act (XI of 1908), S. 5‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Petition for leave to appeal‑‑‑Sentence of 7 years' R.I. awarded to accused by High Court under. S. 5 of the Explosive Substances Act, 1908 was considered to be excessive‑‑‑Petition for leave to appeal was consequently converted into appeal and was allowed to the extent of reducing the said sentence to 5 years' R.I. Farooq Bedar, A.A.G. (Pb.) for the State.
Judgment & Decree
‑‑‑‑S. 13‑‑‑Explosive Substances Act (XI of 1908), S. 5‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Petition for leave to appeal‑‑‑Sentence of 7 years' R.I. awarded to accused by High Court under. S. 5 of the Explosive Substances Act, 1908 was considered to be excessive‑‑‑Petition for leave to appeal was consequently converted into appeal and was allowed to the extent of reducing the said sentence to 5 years' R.I. Abid Hassan Minto, Advocate Supreme Court and Sh. Masood Akhtar, Advocate‑on‑Record for Petitioner. Farooq Bedar, A.A.G. (Pb.) for the State. Date of hearing: 18th May, 1994. MANZOOR HUSSAIN SIAL, J.‑‑‑Muhammad Ali petitioner, seeks leave to appeal from order dated 19‑10‑1993, passed by the Lahore High Court, Lahore in Criminal Appeal No. 427 of 1991. .
2. The petitioner was convicted by the Special Court No. IV (Suppression of Terrorist Activities), Lahore, on 18‑3‑1991, under section 13 of the Arms Ordinance (XX of 1965) and sentenced to R.I. for 5 years and fine of Rs.30,
000. He was also convicted under section 5 of the Explosive Substances Act, 1908, and sentenced to R.I. for 10 years. The sentences were ordered to run concurrently. He was, however, granted the benefit of the provisions of section 382‑B, Cr. P.C.
3. On appeal, the High Court vide impugned order dated 19‑10‑1993, maintained the conviction of the petitioner but reduced the sentences of 10 years to R.I. for 7 years awarded to him under section 5 of the Explosive Substances Act, 1908. The amount of fine was also reduced to Rs.5,
000. The benefit of the provisions of section 382‑B, Cr.P.C. was also allowed.
4. After hearing the learned counsel for petitioner as well as learned counsel for the State, we are of the view that sentence imposed upon the petitioner under section 5 of the Explosive Substances Act, is rather excessive, we, therefore, convert this petition into appeal and allow the same to the extent that the sentence of 7 years awarded by the High Court is further reduced to R.I. for five years. This appeal in terms indicated above is disposed of. N.H.Q./M‑2221/S Sentence reduced.