2002 PLP 1223 (MLD)
BASHIR AHMAD and others‑‑‑Petitioners Versus THE STATE‑‑‑Respondent
| Citation | 2002 PLP 1223 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Ijaz Ahmad Chaudhary, J |
| Parties | BASHIR AHMAD and others‑‑‑Petitioners Versus THE STATE‑‑‑Respondent |
Q1: What are the key laws and sections cited in 2002 PLP 1223 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 1223 (MLD)?
The case was heard and decided by the Lahore bench comprising: Ijaz Ahmad Chaudhary, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 1223 (MLD) (BASHIR AHMAD and others‑‑‑Petitioners Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Pervaiz Inayat Malik for Appellants.
- Date of hearing: 3rd December, 2001.
Headnotes / Summary
Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑S.426‑‑‑Suspension of sentence Judgment of Trial Court showed that occurrence had not taken place in the manner alleged by prosecution in F.I.R.‑‑‑Trial Court had convicted accused on account of their presence at spot which according to accused was natural as they were residents of same house‑‑‑Prosecution story had been disbelieved by Trial Court as occurrence was result of "Ghairat" in which daughter and sister of both the accused had also been murdered‑‑‑Presence of deceased at 10‑00 p.m. in Baithak of accused with his daughter had belied the story narrated in F. I. R. ‑‑‑Accused having succeeded in making out case for suspension of sentence, they were admitted to bail. Malik Shahid Pervaiz for the State.
Judgment & Decree
Learned counsel for the petitioner contends that the learned trial Judge has held in para. No.37 of judgment that the occurrence has not taken place as has been alleged by the prosecution in the F.I.R. and this fact has been established that the occurrence has taken place in the house of the petitioner and co‑accused Tariq Jamshaid who have been declared as proclaimed offender, on 3‑5‑1996, when the deceased Tariq Salim came in the "Baithak" of the petitioners. Tariq Salim and Mst. Kishwar Naheed daughter of Bashir Ahmad and real sister of Basharat Ahmed was also murdered. The learned trial Judge has convicted the .petitioners only due to their presence at the spot which according to the learned counsel for the petitioner was natural as they were residents of the same house. The bare perusal of judgment shows that the prosecution story has been disbelieved by the learned trial Judge as the occurrence was result of Ghairat in which the daughter and sister of both the petitioners have also been murdered. The presence of the deceased at 10‑00 p.m. in the "Baithak" of the petitioner with Mst. Kishwar Naheed belies the story narrated in the F.I. R.
2. For what had` been stated above, the petitioners have succeeded in making out a case for suspension of sentence. They are admitted to bail subject to furnishing bail bonds each amounting to Rs. 1,00,000 with two sureties each in the like amount to satisfaction of trial Court. H.B.T./B‑82/L Petition allowed.