2009 PLP 279 (YLR)
SARFRAZ and 2 others — Appellants/Petitioners Versus THE STATE — Respondent
| Citation | 2009 PLP 279 (YLR) |
| Forum / Court | Lahore |
| Bench Members | M. Bilal Khan and Khurshid Anwar Bhindar, JJ |
| Parties | SARFRAZ and 2 others — Appellants/Petitioners Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 279 (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 279 (YLR)?
The case was heard and decided by the Lahore bench comprising: M. Bilal Khan and Khurshid Anwar Bhindar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 279 (YLR) (SARFRAZ and 2 others — Appellants/Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ameer Khan Niazi for Petitioners/Appellants.
Headnotes / Summary
S. 426
Penal Code (XLV of 1860), S.302
Petition for suspension of sentence pending appeal
Petitioners were sentenced to five years imprisonment each, whereas their co-accused to whom fatal injury to the deceased had been attributed, had been sentenced to death
All accused persons had challenged their convictions through the appeal, the hearing whereof was not in sight in the near future, as the printing of paper book of murder reference was to take some time
Petitioners were behind the bars from the date of their conviction i.e. 27.3-2008 and had remained on bail during the course of trial
Till such time murder reference was fixed, the petitioners would have undergone whole of the sentences awarded to them, rendering their appeal to be meaningless
Sentences awarded to accused persons were suspended and they were directed to be released from custody. Pervaiz Alamgir, Deputy Prosecutor-General Punjab for the State.
Judgment & Decree
Karam Elahi son of Falak Sher and Muhammad Ramzan son of Sher Muhammad, the petitioners/appellants Nos.2 and 3, who along with their co-accused, namely, Sarfraz (appellant No.1) had been convicted and sentenced to various terms of imprisonment including that of death awarded to Sarfraz appellant No.1, by filing this application under section 426, Cr.P.C. have sought suspension of the sentences awarded to them through the impugned judgment dated 27-3-2008 passed by the learned Additional Sessions Judge, Khushab.
2. After hearing the learned counsel for the parties at considerable length and going through the impugned judgment, it has been observed that the petitioners have been sentenced to five year imprisonment each, whereas their co-accused Sarfraz, to whom fatal injury to the deceased had been attributed, had been sentenced to death. All the convicts had challenged their convictions through this appeal, the hearing whereof is not in sight in the near future because the printing of the paper book of Murder Reference to the letters' extent would take some time. The petitioners are behind the bars from the date of their conviction i.e. 27-3-2008 and had remained on bail during the course of trial. In these circumstances, we are of the view that till such time the Murder Reference is fixed, the petitioners will have undergone whole of the sentence awarded to them, rendering their appeal to be rather meaningless.
3. For what has been discussed above, we are inclined to enlarge the petitioners on bail. According, by allowing this petition, we suspend the sentences awarded to them and direct that they be released from custody subject to their furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand) each with one surety each in the like amount to the satisfaction of the Deputy Register (Judl.) of this Court. They shall keep appearing before this Court on each and every date of hearing in future. H.B.T./S-98/L Sentence suspended.