2008 PLP 1608 (YLR)
MUHAMMAD ASLAM — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 1608 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Malik Saeed Ejaz and Mazhar Hussain Minhas, JJ |
| Parties | MUHAMMAD ASLAM — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 1608 (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 2008 PLP 1608 (YLR)?
The case was heard and decided by the Lahore bench comprising: Malik Saeed Ejaz and Mazhar Hussain Minhas, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 1608 (YLR) (MUHAMMAD ASLAM — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Altaf Ibrahim Qureshi for Petitioner.
Headnotes / Summary
S. 426
Penal Code (XLV of 1860), Ss.302, 324 & 460/34
Petitioner/accused was not named in F.I.R. and it was simply recorded that accused armed with a pistol grappled with deceased and fired at him hitting on his left ankle, but while appearing as prosecution witness, complainant had recorded that petitioner grappled with deceased while co-accused fired at the deceased hitting on the ankle of right leg
No weapon had been recovered from accused and he had not been convicted by the Trial Court in the main offence under S.302, P.P.C. and had been convicted and sentenced under S.460/34, P.P.C.
Case, in circumstances, was fit for suspension of sentence
Accused had already served about half of the sentence awarded to him including remission of 6 years, 8 months and 27 days
Sentence awarded to accused was suspended and he was granted bail, in circumstances. Ashfaq Ahmad Malik, DPG for the State.
Judgment & Decree
The petitioner is seeking suspension of his conviction and sentence recorded by the learned trial Court in case F.I.R. N.54 dated 10-4-2001 under sections 302/324/460/34 P.P.C. registered at Police Station Kabir District Sahiwal.
2. The petitioner has been tried for the offence under section 302, P.P.C. also but he has been sentenced to 14 years' R.I. only under section 460/34, P.P.C.
3. Arguments heard. Record perused.
4. As per record, petitioner was not named in the F.I.R. and it was simply recorded that accused armed with a pistol grappled with Muhammad Rafi and fired at him hitting on his left ankle, but while appearing as P.W.2, Mst. Sakina Bibi complainant has recorded that the petitioner grappled with Muhammad Rafi deceased while Muhammad Zaman fired at the deceased hitting on the ankle of his right leg. During investigation any weapon has not been recovered from the petitioner. Moreover, he has not been convicted by the learned trial Court in the main offence under section 302, P.P.C. and has been only convicted and sentenced under sections 460/34, P.P.C. In these circumstances, we are of the view that it is a fit case for suspension of sentence. As per report of the Superintendent, Central Jail, Sahiwal, he has already served about half of the sentence awarded to him including the remissions (6 years 8 months 27 days), hence, we allow the application, order the suspension of sentence and grant bail to the petitioner in the sum of Rs.100,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court. H.B.T./M-103/L Sentence suspended.