1990 PLP 506 (SCMR)
MUHAMMAD ASLAM and another‑‑Petitioners Versus THE STATE‑‑Respondent
| Citation | 1990 PLP 506 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and Ali Hussain Qazilbash, JJ |
| Parties | MUHAMMAD ASLAM and another‑‑Petitioners Versus THE STATE‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 506 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 506 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 506 (SCMR) (MUHAMMAD ASLAM and another‑‑Petitioners Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Aftab Farrukh, Senior Advocate Supreme Court and Manzoor Elahi, Advocate‑on‑Record for Petitioners.
- Date of hearing: 19th June, 1989.
Headnotes / Summary
(On appeal from the judgment dated 26‑10‑1987 of the Lahore High Court, Lahore in Criminal Appeal No.55 of 1983, Criminal Revision No.77 of 1983 and Murder Reference No.26 of 1983). ‑‑‑S.302/34‑‑‑Criminal Procedure Code (V of 1898), S.382‑B‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑President of Pakistan commuted sentence of all the convicts sentenced to death to imprisonment for life during pendency of petition for leave to appeal‑‑‑Accused, in circumstances did not press the petition except to the extent that he might be allowed benefit of provisions of S.382‑B, Cr.P.C.‑‑ Request appearing to be reasonable, benefit of S.382‑B, Cr.P.C. was granted to accused in computing the sentence.‑‑‑[SentenceJ. Nemo for the State.
Judgment & Decree
‑‑‑S.302/34‑‑‑Criminal Procedure Code (V of 1898), S.382‑B‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑President of Pakistan commuted sentence of all the convicts sentenced to death to imprisonment for life during pendency of petition for leave to appeal‑‑‑Accused, in circumstances did not press the petition except to the extent that he might be allowed benefit of provisions of S.382‑B, Cr.P.C.‑‑ Request appearing to be reasonable, benefit of S.382‑B, Cr.P.C. was granted to accused in computing the sentence.‑‑‑[SentenceJ. Aftab Farrukh, Senior Advocate Supreme Court and Manzoor Elahi, Advocate‑on‑Record for Petitioners. Nemo for the State. Date of hearing: 19th June, 1989. NASIM HASAN SHAH, J.‑‑The petitioners stand convicted under section 302/34, P.P.C. and sentenced to death and a fine of Rs.15,000 or in default of payment of fine to suffer further 2 years' R.I. During the pendency of petition for leave to appeal, however, the President of Pakistan commuted the sentence of all convicts sentenced to death to life imprisonment. In view of this order, the learned counsel for the petitioners does not press this petition except to the extent that the petitioners may be allowed the benefit of the provisions of section 382‑B, Cr.P.C. in the matter of computation of their sentence. This request appears to be reasonable. Accordingly, the petitioners shall be granted benefit of the provisions of section 382‑B, Cr.P.C. in computing the sentence they have yet to undergo. With the above observation this petition shall stand dismissed. M.A.K./M‑1081/S Order accordingly.