1985 P Cr (PLP)
HAKIM ALI‑‑Petitioner Versus The STATE‑‑Respondent
| Citation | 1985 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | liaz Nisar, J |
| Parties | HAKIM ALI‑‑Petitioner Versus The STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1985 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 1985 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: liaz Nisar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 P Cr (PLP) (HAKIM ALI‑‑Petitioner Versus The STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shahibzada Farooq Ali Khan and Altaf Ibrahim for Petitioner.
Headnotes / Summary
‑‑‑S.426‑‑Penal Code (XLV of 1860), 5.302‑‑Bail, grant of‑‑Admittedly petitioner committing murder of an infant about 4 months old at spur of moment and for no enmity‑‑Circumstances, held, requiring examination qua extent of guilt of petitioner‑‑Petitioner released on bail and operation of his sentence suspended, in circumstances. Zafar Mahmood Anjum for the State.
Judgment & Decree
Zafar Mahmood Anjum for the State. Hakim Ali petitioner stands convicted under section 302, P.P.C. I and sentenced to life imprisonment and fine on the allegation of committing the murder of Mst. Zarina, aged about 4 months.
2. He has applied for suspension of the sentence on the medical and other grounds. He was referred to the Medical Superintendent, Civil Hospital, Multan who apart from trivial bronchitis has not found any infirmity.
3. Learned counsel for the petitioner has referred to certain portions of the impugned judgment to show that it was an unpremeditated murder. The observations of the learned Additional Sessions Judge at page 8 of the judgment are as under:‑ "It is not disputed that Zarina deceased was aged about 4 months and was evidently frail, weak and irresistant. Since there was no enmity between the parties and the occurrence took place at the spur of moment it is not understandable that Hakim Ali accused had no intention to do away with the life of Mst. Zarina." Towards the close of the judgment the learned trial Judge has observed: "that even if section 304, P.P.C. is applied the result shall not be different." Learned counsel for the petitioner has cited some precedents to show that in cases proceeding on similar facts the superior Courts had ultimately altered conviction from section 302 or 304 to sections 324 and' 325, P.P.C.
4. The circumstances pointed out by the learned trial Court required examination qua the extent of the guilt of the petitioner/appellant. Accordingly, I grant the petition and suspend the operation of the sentence of the petitioner. He shall be released on bail on furnishing bail bonds in the sum of Rs.25,000 (Twenty‑five thousand) with two sureties in the like amount to the satisfaction of A.C. Mailsi. S. G. D. Bail allowed.