1999 PLP 1323 (SCMR)
MUHAMMAD YAQUB — Petitioner Versus MUNAWAR SHER and others — Respondents
| Citation | 1999 PLP 1323 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Ch. Muhammad Arif and Munir A. Sheikh, JJ |
| Parties | MUHAMMAD YAQUB — Petitioner Versus MUNAWAR SHER and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1999 PLP 1323 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 1323 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Ch. Muhammad Arif and Munir A. Sheikh, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 1323 (SCMR) (MUHAMMAD YAQUB — Petitioner Versus MUNAWAR SHER and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Kh. Sultan Ahmad, Senior Advocate Supreme Court with S. Abul Aasim Jafri, Advocate-on-Record for Petitioner.
- Tanvir Ahmad, Advocate-on-Record for Respondents.
- Date of hearing: 2nd October, 1998.
Headnotes / Summary
(On appeal from the order dated 8-7-1998 of the Lahore High Court passed in Criminal Appeal 2/1996).
S. 426 (1-A)
Constitution of Pakistan (1973), Art.185(3)
Observations made on the merits of the case
Grievance of the petitioner was only to the extent that High Court while suspending the sentence of accused had made observation on the merits of the case which might ultimately prejudice the decision of the appeal
Petitioners, however, did not object to the order so far it related to the suspension of sentence on statutory ground
Defence counsel had no objection to the expunction of the said observations
Petition for leave to appeal was converted into appeal in circumstances and the same was accepted to the extent that. the findings recorded by High Court on the merits of the case in the impugned order were expunged with the direction to decide the appeal on its own merits uninfluenced by the same.
Judgment & Decree
MUNIR A. SHEIKH, J.
Leave to appeal is sought against the order dated 8-7-1998 of the Lahore High Court passed in Criminal Appeal No.2 of 1996.
2. The grievance of the petitioner against the impugned order is only to the extent that while suspending the sentence of the respondent, observations have been made on the merits of the case which may ultimately prejudice the decision of the appeal. He does not object to the order so far as it relates to the suspension of the sentence on statutory ground.
3. Learned counsel for private respondent has no objection if the observations of the learned Judge made in the impugned order on merits of the I case, are expunged.
4. This petition is converted into appeal and the same is partly accepted to the extent that the findings recorded by the learned Judge in the impugned order on the merits of the case are expunged and he appeal shall be decide on its own merits uninfluenced by the name. The appeal as regards suspension of sentence on statutory ground fails and is dismissed to this extent. N.H.Q./M-239/S Appeal partly accepted.