2001 PLP 1082 (YLR)
GHULAM MUSTAFA and 2 others — Appellants Versus THE STATE — Respondent
| Citation | 2001 PLP 1082 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Amanullah Abbasi, J |
| Parties | GHULAM MUSTAFA and 2 others — Appellants Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2001 PLP 1082 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 PLP 1082 (YLR)?
The case was heard and decided by the Karachi bench comprising: Amanullah Abbasi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLP 1082 (YLR) (GHULAM MUSTAFA and 2 others — Appellants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Khalid Shah for Appellants.
Headnotes / Summary
S. 426(1-A)
Penal Code (XLV of 1860), S.302/34
Counter cases between the parties and both parties suffered injuries
More than two years had passed, but the appeal halt not been decided
Sentence of life imprisonment of the accused persons was suspended and they were released on bail. Aziz-ur-Rehman Shaikh for the State.
Judgment & Decree
The appellants were convicted by Additional Sessions Judge Kandiaro vide judgment dated 15-1-1996 and sentenced to suffer imprisonment for life for offence under section 302, P.P.C. read with section 34, P.P.C. They were also convicted and sentenced to suffer R.I. for five years and to pay fine of Rs.2,000 (Rupees two thousand) each for offence under sec tion 324, P.P.C. In case of default they were ordered to suffer R.I. for one month more. They were also convicted for offence under section 337-A-III, P.P.C. and sentenced to suffer R.I. for three years. The appeal was filed on 4-2-1996. The application under section 426(1-A), Cr.P.C. has been filed for suspension of sentence and release of appellants on bail on the grounds that more than two years have passed but the appeal has not been decided and even on merits the case is fit for acquittal. The learned State Counsel submitted that the matter may be fixed for regular hearing. There are counter-cases between the parties. On 21-8-1994 complainant Muhammad Nawaz had lodged the F.I.R. whereas the other F.I.R. was lodged by accused/appellant Ghulam Mustafa. Both parties suffered injuries. The trial Judge in paragraph 19 judgment has mentioned as under:-- "I am of the opinion that through evidence on record prosecution has proved that all the accused intentionally committed murder of deceased Muhammad Ismail by causing him lathi injuries, and also caused lathi injuries to the complainant Muhammad Nawaz with intention to kill him, when they both went to the accused for taking penalty amount from them, I, therefore, hold all the accused guilty for the charge of an offence punishable under sections 302, 324 and 337-A-III read with section 34, P.P.C. Since the two accused are real brothers and they are young boys I, therefore, take lenient view while convicting the accused." In paragraph 2 of judgment the learned trial Judge has mentioned above about the counter-case lodged by appellant Ghulam Mustafa and has also mentioned about the injuries suffered by P.Ws. Ghulam Hyder, Ghous Bux and Mst. Hazari. As there are counter-case and the appeal has not been decided within the period mentioned in section 426, I, therefore, suspend the sentence of all the appellants. They shall be released on bail subject to furnishing of surety in the sum of Rs.1,00,000 (Rupees one lac) by each appellant and P.R. bond in the like amount to the satisfaction of Nazir of this Court. H.B.T./G-57/K Sentence suspended.