2009 PLP 568 (YLR)
GHULAM QADIR — Petitioner Versus THE STATE — Respondent
| Citation | 2009 PLP 568 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Farrukh Zia G. Shaikh, J |
| Parties | GHULAM QADIR — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 568 (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 2009 PLP 568 (YLR)?
The case was heard and decided by the Karachi bench comprising: Farrukh Zia G. Shaikh, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 568 (YLR) (GHULAM QADIR — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 14th November, 2008.
- Agha Ather Hussian, Assistant Advocate General Sindh for the State.
- Mr. Agha Ather Hussain, learned Assistant Advocate- General Sindh appearing on behalf of the State has opposed the suspension of the sentence.
Headnotes / Summary
S. 561-A
Application for
Sentence of two years awarded to applicant/accused was short and he was in jail for about six months
Revision petition filed by accused was already admitted to regular hearing which would take time for its disposal
Sentence awarded to applicant was suspended and he was ordered to be released on bail. Shaukat Ali Phul for the Applicant. Agha Ather Hussian, Assistant Advocate General Sindh for the State.
Judgment & Decree
FARRUKH ZIA G. SHAIKH, J.--Granted.
2. This application under sec tion 561-A, Cr.P.C. has been moved on behalf of the applicant Ghulam Qadir Phulpoto seeking suspension of the execution of sentence awarded to him by the learned Civil Judge and Judicial Magistrate vide judgment dated 12-6-2008 in, Cr. Case No.132 of 2007 and maintained by the learned Sessions Judge, Khairpur vide judgment dated 12-7-2008 in Cr.Appeal No.17 of 2008 preferred by the Applicant. Mr. Shaukat Ali Phul, learned counsel appearing for the applicant, has contended that there are material contradictions between the depositions of the complainant and mashir as well as the facts of the F.I.R.; that the Courts below have not appreciated the evidence available on record according to its prospective otherwise the applicant was entitled for acquittal; that the revision will take time for disposal and the sentence is only two years and the applicant is rioting in Jail since last about 6 months. Mr. Agha Ather Hussain, learned Assistant Advocate- General Sindh appearing on behalf of the State has opposed the suspension of the sentence. I have considered the arguments of learned counsel appearing for the parties and with their assistance I have also scanned the material available on record very carefully. Since the sentence awarded to the applicant, is short i.e. two years only, he is in Jail for about six months, the revision is already admitted to regular hearing and it will take time for its disposal, I allow this application, suspend the sentences and order to his release on bail subject to furnishing surety in the sum of Rs.100,000 and P.R. Bond in the like amount to the satisfaction of the learned trial Court. Application stands disposed of. H.B.T./G-41/K Application allowed.