1989 PLP 4797 (MLD)
HAQ NAWAZ‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1989 PLP 4797 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Ijaz Nisar, J |
| Parties | HAQ NAWAZ‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 4797 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 4797 (MLD)?
The case was heard and decided by the Lahore bench comprising: Ijaz Nisar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 4797 (MLD) (HAQ NAWAZ‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Nazar Farid for Petitioner.
- Date of hearing: 12th June, 1989.
Headnotes / Summary
‑‑‑S.426‑‑Penal Code (XLV of 1860), S.304 Part‑II‑‑ Suspension of sentence‑ Petitioner who was convicted and sentenced to 10 years R.I. sought suspension of sentence mainly on ground that his wife had expired leaving two minor children who were unattended and there was nobody to look after them‑‑Sentence of petitioner was suspended on compassionate grounds and petitioner was admitted to bail. Malik Ghulam Hussain for the State.
Judgment & Decree
Malik Nazar Farid for Petitioner. Malik Ghulam Hussain for the State. Date of hearing: 12th June, 1989. Haq Nawaz petitioner and his sister Mst. Zohran were convicted under section 304 Part II‑P.P.C. on 27‑4‑1988 and sentenced to 10 years R.I.plus fine. The trial Court found that they had exceeded their right of self‑defence in committing the murders of Falak Sher and Muhammad Hussain. In para 21 of the judgment the learned trial Court found the prosecution to have failed to establish its case under section 302/3A P.P.C. The version put forth by the accused was accepted and it was held that they acted in provocation but exceeded their right of self‑defence. The sentence of Mst. Zohra was suspended on 15‑8 1988.
2. Suspension of sentence of Haq Nawaz petitioner is urged mainly on the ground that his wife has expired in December, 1988 leaving two minor children who are un attended and there is nobody to look after them. In support of this contention death certificate of Mst. Shima Bibi wife of the petitioner has been produced.
3. On compassionate grounds I suspend the sentence of the petitioner and admit him to bail in sum of Rs.25,000 with two sureties in the like amount to the satisfaction of A.C/Duty Magistrate, Depalpur. H.B.T./H‑140/L Petition allowed.