1987 P Cr (PLP)
ASGHAR — Petitioner Versus THE STATE- Respondent
| Citation | 1987 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Khizar Hayat and Akhtar Hasan, JJ |
| Parties | ASGHAR — Petitioner Versus THE STATE- Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1987 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Khizar Hayat and Akhtar Hasan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 P Cr (PLP) (ASGHAR — Petitioner Versus THE STATE- Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Faiz Muhammad Khan Khosa for Petitioner.
Headnotes / Summary
S. 426 (1-A)(c)--Penal Code (XLV of 1860), S.302--Sentence, suspension of--Bail, grant of--Petitioner attributed only simple hurt to prosecution witnesses and his appeal could not be disposed of within statutory period of two years--Sentence suspended and petitioner allowed bail, in circumstances. Tasaddaq Hussain Jilani, A.A.- G. for the State.
Judgment & Decree
KHIZAR HAYAT, J.--Asghar petitioner, stands convicted alongwith Ghulam Siddiq and Imam Bakhsh for having caused death of Ghulam Farid and injuries to Allah Nawaz, Ismail, Mehrab and Sohrab P.Ws. Ghulam Siddiq and Imam Bakhsh have been sentenced to death while the petitioner has been sentenced to maximum imprisonment for life plus fine vide judgment, dated 2-10-1984.
2. The instant petition for suspension of execution of sentence has been moved on the ground that despite the statutory period of two years having elapsed petitioner's appeal has not been disposed of and that the petitioner on prosecution's own showing caused simple hurt to Rashid and Mehrab P.Ws. only. The infliction of simple hurt by the petitioner to the P.Ws. has not been disputed by learned A.A.-G. However, he states that the petitioner is not entitled to the relief of suspension of sentence as a matter of right. This is true, but in view of the fact that the petitioner has been attributed only simple hurt to the P.Ws. and that his appeal has not been disposed of within statutory period of two years we do not find any reason to disallow the concession allowed to him by subsection (1-A)(c) of section 426, Cr.P.C. Consequently, we allow this petition. The petitioner shall be released subject to his furnishing bail bonds in the sum of Rupees fifty thousand (Rs. 50,000 only) with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, Dera Ghazi Khan. S.G.D./A-89/L Sentence suspended.