1996 P Cr (PLP)
GHULAM SHABBIR‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1996 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Rana Muhammad Arshad and Muhammad Asif Jan, JJ |
| Parties | GHULAM SHABBIR‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | (a) Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1996 P Cr (PLP)?
This judgment primarily cites: (a) Criminal Procedure Code (V of 1898)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Rana Muhammad Arshad and Muhammad Asif Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 P Cr (PLP) (GHULAM SHABBIR‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Bashir Ahmad Bhatti for Petitioner.
Headnotes / Summary
‑‑‑‑S. 497(2)‑‑‑Further inquiry‑‑‑Concept‑‑‑Concept of further inquiry within the meaning of S.497(2), Cr.P.C. is related to the existence or non‑existence of reasonable grounds to believe that an accused is guilty of an offence punishable with death or imprisonment for life or imprisonment for ten years which pertains to the period prior to the trial as well as during the trial but ceases when the accused, is convicted and sentenced. (b) Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S. 426(1)‑‑‑Penal Code (XLV of 1860), S.302‑‑‑Sentence‑‑‑Suspension of‑‑ Accused had inflicted hatchet blows on the head of the deceased‑‑‑Hatchet recovered in the case was found to have been stained with human blood Petition for suspension of sentence was dismissed in circumstances.
Judgment & Decree
‑‑‑‑S. 497(2)‑‑‑Further inquiry‑‑‑Concept‑‑‑Concept of further inquiry within the meaning of S.497(2), Cr.P.C. is related to the existence or non‑existence of reasonable grounds to believe that an accused is guilty of an offence punishable with death or imprisonment for life or imprisonment for ten years which pertains to the period prior to the trial as well as during the trial but ceases when the accused, is convicted and sentenced. (b) Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S. 426(1)‑‑‑Penal Code (XLV of 1860), S.302‑‑‑Sentence‑‑‑Suspension of‑‑ Accused had inflicted hatchet blows on the head of the deceased‑‑‑Hatchet recovered in the case was found to have been stained with human blood Petition for suspension of sentence was dismissed in circumstances. Mian Bashir Ahmad Bhatti for Petitioner. MUHAMMAD ASIF JAN, J.‑‑‑ Suspension of sentence is sought on the ground that the case against the appellant/petitioner is a matter of further enquiry within the meaning of subsection (2) of section 497, Cr.P.C.
2. The argument is totally erroneous because the very concept of further enquiry within the meaning of subsection (2) of section 497, Cr.P.C. is related to the existence or non‑existence of reasonable grounds to believe that an accused is guilty of an offence punishable with death or imprisonment for life or imprisonment for 10 years which pertains to the period prior to the trial and continues even during the trial. However, once the trial is concluded and an accused person is convicted and sentenced to death or imprisonment for life or imprisonment for 10 years then it cannot by any standard be said that it is still a matter of further enquiry and that reasonable grounds to believe that an accused is guilty of an offence punishable with death, or imprisonment for life or imprisonment for 10 years, do not exist.
3. After conviction another scenario emerges which is not covered by section 497, Cr.P.C. but is covered by section 426, Cr.P.C. Ghulam Shabbir son of Khadim Hussain appellant/ petitioner inflicted hatchet blows on the head of the deceased, the hatchet (Exh.P.9) was recovered vide memorandum Exh.P.N., it was found to be stained with blood by the Chemical Examiner vide report Exh.P.Y. and according to the Serologist's report Exh.P.BB. the blood in question was of human origin.
4. There is no merit in this petition which is dismissed. N.H.Q./G‑309/L Petition dismissed.