2002SCMR1211 (PLP)
FAZAL MUHAMMAD and another‑‑‑Petitioners Versus THE STATE‑‑‑Respondent
| Citation | 2002SCMR1211 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Qazi Muhammad Farooq and Tanvir Ahmed Khan, JJ |
| Parties | FAZAL MUHAMMAD and another‑‑‑Petitioners Versus THE STATE‑‑‑Respondent |
Q1: What are the key laws and sections cited in 2002SCMR1211 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002SCMR1211 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Qazi Muhammad Farooq and Tanvir Ahmed Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002SCMR1211 (PLP) (FAZAL MUHAMMAD and another‑‑‑Petitioners Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Abdul Hafeez Cheema, Advocate Supreme Court with S. Abul Aasim Jafri, Advocate‑on‑Record for Petitioners.
- Date of hearing: 14th February, 2002.
Headnotes / Summary
(On appeal from the judgment, dated 21‑12‑2001 of the Lahore High Court, Multan, passed in Criminal Miscellaneous Nos.l and 2 in Criminal Appeal No. 1757 of 2001). Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S.426‑‑‑Penal Code (XLV of 1860), Ss.419/420/468/471‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Suspension of sentence‑‑‑Arguments raised on behalf of the accused went to the root of .the case which could only be appreciated at the time of hearing of the appeal by the High Court when the entire evidence adduced by the parties would be thrashed out‑‑ ‑Order passed by High Court dismissing the application for suspension of the sentence of accused did not suffer from any illegality‑‑‑Leave to appeal was refused to accused by the Supreme Court in circumstances. Nemo for the State.
Judgment & Decree
Abdul Hafeez Cheema, Advocate Supreme Court with S. Abul Aasim Jafri, Advocate‑on‑Record for Petitioners. Nemo for the State. Date of hearing: 14th February, 2002. ORDER . TANVIR AHMED KHAN, J.‑‑‑Leave to appeal is sought against the order, dated 21‑12‑2001 passed by a learned Single Judge of the 'Lahore High Court, Lahore, whereby Criminal Miscellaneous'No.2 of 2001 for the suspension of sentence of 7 years' R.I. and a fine of Rs.5,000 and in default to suffer two months' S.I. recorded against the petitioners by the learned Magistrate Section 30, Kallur Kot, emanated out of F.I.R. No.74 of 1995, dated 2‑9‑1995 under sections 419/420/468/471, P.P.C. registered with Police Station Jandanwala, District Bhakkar, was dismissed. Learned counsel has argued that the impugned conviction recorded against the petitioner by the learned Magistrate Section 30, Kallur Kot, is totally ultra vires and is based on inimical and mala fide evidence. He has further argued that a criminal case could not even have been registered in the presence of final and conclusive judgments rendered by the Civil Courts exonerating the petitioners respecting this very matter. The arguments raised by the learned counsel for the petitioners go to the root of the case which can only be appreciated at the time of hearing of the appeal by the learned High Court when the entire evidence adduced by the parties would be thrashed out. In the circumstances of the present case no illegality has been committed by the learned Single Judge of the Lahore High Court in dismissing the application for suspension of the sentence of the petitioners. Before parting with this judgment, it would be appreciated if the petitioner's appeal is heard and disposed of by the learned High Court expeditiously. The instant petition being without any force is dismissed and leave declined. N.H.Q./F‑59/S Leave refused.