2004 P Cr (PLP)
MUHAMMAD ALI — Appellant Versus THE STATE — Respondent
| Citation | 2004 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | MUHAMMAD ALI — Appellant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2004 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 2004 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 P Cr (PLP) (MUHAMMAD ALI — Appellant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mr. Muhammad Azeern Panhwar, Advocate for A. G. for the State has not opposed the prayer for suspension of the sentence.
Headnotes / Summary
S. 426
Penal Code (XLV of 1860), Ss.320 & 337-A(i)
Suspension of sentence had been prayed till the disposal of appeal against judgment of Trial Court by accused on the ground that during trial no expert had been examined to establish whether it was the fault of accused or the driver of bus in which injured and deceased were travelling
Further contention was that two injured witnesses who were examined before Trial Court, had not implicated accused to be an accused in the case
State counsel had not opposed the prayer of accused for suspension of sentence
Conviction and sentence awarded to accused by Trial Court was suspended till decision of appeal.
Judgment & Decree
Appellant Muhammad Ali has been convicted by the learned II-Additional Sessions Judge, Badin, under sections 320 and 337-A(i). P.P.C. He has been awarded R.I. for 5 years and further ordered to pay, Diyat amount of Rs.2,51,625-04 to the legal heirs of deceased Muhammad Qassim son of Jummo Khaskheli. Being aggrieved the appellant filed this appeal which has been admitted for regular hearing. Suspension of the sentence has been prayed till the disposal of this appeal on the ground that during trial no expert has been examined to establish whether it was the fault of the present appellant or the driver of the bus in which the injured and the deceased were travelling. It has been further argued that two injured witnesses namely Fida Hussain and Wali Muhammad who were examined before the trial Court, have not implicated the appellant to be an accused in the case. Learned counsel has placed reliance on the case of Shah Hussain v. The State PLD 1995 Kar. 209, where .the sentence of 5 years awarded to a driver of a mini bus was suspended pending the decision of the appeal in view of the fact that he was convicted under a bailable offence and, as such, he was entitled to bail as a matter of right. Reliance has also been placed on the case of Abdul Hameed v. Muhammad Abdullah and others 1999 SCMR 2589. My attention is also drawn to the order passed by me in Criminal Appeal No. 198 of 2000 (Abdul Wahid v. The State), in which case under some what similar circumstances of the fact and law the sentence was suspended pending decision of the appeal. Mr. Muhammad Azeern Panhwar, Advocate for A. G. for the State has not opposed the prayer for suspension of the sentence. In view of the above circumstances the conviction and sentence awarded to the appellant Muhammad Ali is suspended till the decision of this appeal and he stall be released on bail on furnishing one surety in the sum of Rs.3,00,000 (Rs. Three lac) and P.R. bond in the like amount to the satisfaction of the Additional Registrar of this Court. H-B-T./M-75/K Sentence suspended.