2010 PLP 1023 (YLR)
Mst. SHAHNAZ BEGUM — Applicant Versus THE STATE and others — Respondents
| Citation | 2010 PLP 1023 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Hafiz Abdul Rehman Ansari, J |
| Parties | Mst. SHAHNAZ BEGUM — Applicant Versus THE STATE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 PLP 1023 (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 2010 PLP 1023 (YLR)?
The case was heard and decided by the Lahore bench comprising: Hafiz Abdul Rehman Ansari, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 1023 (YLR) (Mst. SHAHNAZ BEGUM — Applicant Versus THE STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 426
Penal Code (XLV of 1860), S.302(b)
Qatl-i-amd
Suspension of sentence, pending appeal
Application for
Applicant who, was an old lady of about 60/62 years of age, had undergone major portion of her sentence and there was no likelihood of fixation of appeal in the near future
Applicant, during pendency of her main appeal, was admitted to bail by suspending her sentence. Makhdoom Javed Hashmi v. The State 2007 SCMR 1844 and Anwar ul Haq v. National Accountability Bureau PLD 2009 Sc 388 ref. Mehr Muhammad Saleem Akhtar for Applicant. Rana Kashif Saleem Arfa, Law Officer for the State.
Judgment & Decree
Crl. Misc. No.1/B of 2009 HAFIZ ABDUL REHMAN ANSARI, J.
Through this application under section 426, Cr.P.C., Mst. Shahnaz Begum daughter of Ahmed Din, applicant/ convict seeks suspension of sentence awarded to her by the learned Additional Sessions Judge, Mian Channu, District Khanewal, vide judgment dated 21-11-2001.
2. The applicant was tried by the learned Additional Sessions Judge for an offence under section 302, P.P.C, in case F.I.R. No.10 dated 16-1-2001, registered with Police Station Sadar, Mian Channu, for the commission of murder of her husband Abdul Razzaq. At the conclusion of the trial vide judgment dated 21-11-2001 she was convicted under section 302(b), P.P.C. and sentenced to imprisonment for life with a direction to pay a sum of Rs.25000 as compensation to the legal heirs of the deceased. In case of non-payment of compensation she was to undergo further S.-I. for six months. Benefit of sec tion 382-B, Cr.P.C. was extended to her.
3. Learned counsel for the applicant submits that more than half of the sentence, the applicant has served out; that she is a woman of near about 60/62 years of age; there is no independent witness produced by the prosecution and the trial Court in para.18 of the judgment has disbelieved the statement of P.W. 2 Mst. Shahnaz Bibi daughter of Abdul Aziz being second wife of and P.W.3 Muhammad Zafar being younger brother of the complainant-deceased Abdul Razzaq. Places reliance on the case reported as Makhdoom Javed Hashmi v. The State 2007 SCMR 1844, wherein it is observed that the convict having undergone half of his sentence could seek suspension of sentence. Further relies on the case reported as Anwar-ul-Haq v. National Accountability Bureau PLD 2009 SC 388, wherein also the convict had undergone major portion of his sentence and his appeal was pending for a long period without his fault, so his sentence was suspended.
4. Learned Law Officer opposes the suspension of sentence of the petitioner and grant of bail.
5. I have heard the parties. In the instant case, also the applicant has undergone major portion of her sentence, and there is no likelihood of fixation of the appeal in the near future. Further, she is an old lady of about 60/62 years of age. Therefore, relying upon the ratio laid down in the cited cases of Makhdoom Javed Hashmi 2007 SCMR 1844 and of Anwar-ul-Haq PLD 2009 SC 388, during the pendency of her main appeal she is admitted to bail by suspending her sentence subject to her furnishing bail bonds in the sum of Rs.2,00,000 (Rupees two lacs) with one surety in the like amount to the satisfaction of the trial Court. H.B.T./S-22/L Sentence suspended.