PCRLJ 1992

1992 P Cr (PLP)

ALI RAZA‑‑‑Petitioner Versus THE STATE‑‑‑Respondent

Jurisdiction / Court
Lahore
Decided Date
Criminal Miscellaneous No.2 of 1991 in Criminal Appeal No.775 of 1989, decided on 13th November, 1991.
Honorable Judges
Raja Afrasiab Khan, J
Case Reference Summary (AEO Optimized)
Citation 1992 P Cr (PLP)
Forum / Court Lahore
Bench Members Raja Afrasiab Khan, J
Parties ALI RAZA‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
Primary Law Criminal Procedure Code (V of 1898)‑‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1992 P Cr (PLP)?

This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1992 P Cr (PLP)?

The case was heard and decided by the Lahore bench comprising: Raja Afrasiab Khan, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1992 P Cr (PLP) (ALI RAZA‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)‑‑‑

Representation

  • Kh. Sarfraz Ahmad for Petitioner.

Headnotes / Summary

‑‑‑‑S. 426(1‑A)(C)‑‑‑Penal Code (XLV of 1860), S.304, Part I‑‑‑Suspension of sentence‑‑‑Despite expiry of statutory period of two years appeal of accused had not been heard and decided‑‑‑Prosecution did not oppose the bail of accused on the statutory ground ‑‑‑Accused's sentence was suspended in circumstances. Muhammad Yaqoob etc. v. The State 1991 S C M R 1459 ref. Farooq Bedar Addl. A.‑G. with Miss Tasneem Amin for the State.

Judgment & Decree

‑‑‑‑S. 426(1‑A)(C)‑‑‑Penal Code (XLV of 1860), S.304, Part I‑‑‑Suspension of sentence‑‑‑Despite expiry of statutory period of two years appeal of accused had not been heard and decided‑‑‑Prosecution did not oppose the bail of accused on the statutory ground ‑‑‑Accused's sentence was suspended in circumstances. Muhammad Yaqoob etc. v. The State 1991 S C M R 1459 ref. Kh. Sarfraz Ahmad for Petitioner. Farooq Bedar Addl. A.‑G. with Miss Tasneem Amin for the State. Ali Raza alias Achhu was convicted under section 304, Part 1, P.P.C. and sentenced to 8 years' R.I. plus a fine of Rs.10,000 or in default thereof to suffer one year's R.I. by the learned Additional Sessions Judge, Sialkot on 30‑10‑1989. Benefit of section 382, Cr.P.C. was also extended to him. Criminal Miscellaneous No.2 of 1991 has been moved by the learned counsel for suspension of sentence of the petitioner on statutory ground. It is contended by the learned counsel that petitioner was convicted on 31‑10‑1989. He challenged his conviction and sentence by filing this appeal before this Court on 12‑11‑1989. Learned counsel submits that the petitioner is in jail for the last more than two years. It is argued that despite expiry of the statutory period, his appeal has not been heard and decided so far. Learned counsel relies upon Muhammad Yaqoob etc. v. State 1991 S C M R 1459. Learned Law Officer does not oppose the bail of the petitioner on the statutory ground. In this view A of the matter the petitioner's sentence is suspended provided he furnishes bail bonds in the sum of Rs.1,00,000 (Rupees one lac) with two sureties in the like amount to the satisfaction of A.C./Duty Magistrate, Sialkot. The application stands disposed of. N.H.Q./A‑35/L Sentence suspended.