1994 P Cr (PLP)
SRAMEER — Petitioner Versus THE STATE — Respondent
| Citation | 1994 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | SRAMEER — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1994 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 P Cr (PLP) (SRAMEER — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Altaf Ibrahim Qureshi for Petitioner.
Headnotes / Summary
S. 426(1-A)(c)
Penal Code (XLV of 1860), S. 304, Part II
Accused was in jail as convict for the last 2-1/2 years and despite expiry of statutory period his appeal was pending for decision
Delay in disposal of appeal was not attributable to accused
Sentence of accused was suspended in circumstances and he was released on bail accordingly.
Judgment & Decree
This is an application for suspension of sentence seeking the benefit of section 426(1-A)(c), Cr.P.C. The petitioner was convicted under section 304, Part II, P.P.C. and was awarded sentence of 10 years' R.I. with fine of Rs.5,000 and in default of payment of fine to undergo R.I. for six months, by the learned Additional Sessions Judge, Vehari vide judgment, dated 29-4-1991.
2. The learned counsel for the petitioner contends that even if the findings of the learned trial Court are maintained, the sentence is too excessive and that the petitioner is behind the bar for the last about 4 years, however, a period of more than two years has passed since his conviction.
3. The learned A.A.-G. opposed the bail on the ground that delay in disposal of appeal alone cannot be pressed for suspension of sentence as of right.
4. The petitioner is in jail as convict since 29-4-1991 and despite expiry of statutory period, his appeal is pending for decision. The delay in disposal of his appeal is not attributable to him. Without going into the merits of the case, the sentence of the petitioner is suspended and he is directed to be released on bail subject to his furnishing bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Vehari. N.H.Q./S-401/L Sentence suspended.