PCRLJ 1987

1987 PLP r (PCRLJ)

ABDUL alias ABDALI‑‑Petitioner Versus THE STATE‑‑Respondent

Jurisdiction / Court
Lahore
Decided Date
Criminal Miscellaneous No. 1 of 1987 in Criminal Appeal No. 12 of 1986, decided on 16th February, 1987.
Honorable Judges
KhizarHayat, J
Case Reference Summary (AEO Optimized)
Citation 1987 PLP r (PCRLJ)
Forum / Court Lahore
Bench Members KhizarHayat, J
Parties ABDUL alias ABDALI‑‑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 1987 PLP r (PCRLJ)?

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

Q2: Which judicial bench decided the case 1987 PLP r (PCRLJ)?

The case was heard and decided by the Lahore bench comprising: KhizarHayat, J.

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

Cite this legal precedent as: 1987 PLP r (PCRLJ) (ABDUL alias ABDALI‑‑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

  • Altaf Ibrahim Qureshi for Petitioner.

Headnotes / Summary

‑‑S. 426‑‑Penal Code (XLV of 1860), Ss. 307, 148 & 149‑‑Suspension of sentence‑‑Contention on behalf of accused that statutory period of one year elapsed yet appeal of accused not disposed of‑‑Sentences of co -accused whose case was similar to that of accused already suspended‑ Execution of sentence in respect of accused also ordered to be suspended.

Judgment & Decree

‑‑S. 426‑‑Penal Code (XLV of 1860), Ss. 307, 148 & 149‑‑Suspension of sentence‑‑Contention on behalf of accused that statutory period of one year elapsed yet appeal of accused not disposed of‑‑Sentences of co -accused whose case was similar to that of accused already suspended‑ Execution of sentence in respect of accused also ordered to be suspended. Altaf Ibrahim Qureshi for Petitioner. Atta Ullah Khan for the State. This is a petition for suspension of sentence on behalf of Abdul alias Abdali who with others stands convicted under section 307/148/149, P.P.C. and maximum sentence awarded to him is 7 years' R.I. plus fine, vide judgment, dated 11‑1‑1986 passed by Magistrate Section 30, Sahiwal.

2. It is contended that statutory period of one year has elapsed yet they appeal of the petitioner has not been disposed of. It is further contended that sentences of co‑convicts of the petitioner have been suspended by this Court earlier and the petitioner's case being at par with them he is also entitled to the same relief in the meaning of subsection (1‑A)(b) of section 426, Cr.P.C. Learned State counsel has however opposed the petition.

3. Be that as it may, in the circumstances narrated above, I feel inclined to allow this petition. The execution of sentence of the petitioner is, therefore, suspended. He is directed to be released on bail subject to his furnishing bail bond in the sum of Rupees thirty thousand (Rs.30,000 only) with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Sahiwal, during the pendency of the appeal. M.Y.H./A‑92/L Sentence suspended