2005 PLP 1057 (YLR)
Mst. NOOR JEHAN and another — Appellants Versus THE STATE — Respondent
| Citation | 2005 PLP 1057 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Khawaja Muhammad Sharif, J |
| Parties | Mst. NOOR JEHAN and another — Appellants Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 1057 (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 2005 PLP 1057 (YLR)?
The case was heard and decided by the Lahore bench comprising: Khawaja Muhammad Sharif, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1057 (YLR) (Mst. NOOR JEHAN and another — Appellants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. A. Zafar for Appellants.
Headnotes / Summary
Ss.426 & 497(1)
Penal Code (XLV of 1860), S.302/34
Co-accused of petitioners/accused were acquitted from the case
Petitioners were women and their case was covered by first proviso to S.497(1), Cr.P.C. which provision was also applicable while dealing with petition for suspension of sentence
Sentence of petitioners was suspended and they were directed to be released on bail subject to their furnishing bail bond. Pervez Akbar for the State.
Judgment & Decree
This is a petition for suspension of sentence of petitioners-convicts Mst. Noor Jehan and Mst. Nasreen Bibi. Learned counsel for the petitioner, in support of this petition, submits that there is no eye-witness in this case except the extra judicial confession; that the petitioners were not named in the F.I.R.; that as far as recoveries from Noor Jehan (pistol) and Nasreen (knife) are concerned, no witness had stated about those recoveries; that there is no fire-arm injury on the person of the deceased and that the petitioners are entitled to the concession of bail after having suspended their sentence.
2. On the other hand, learned counsel for the petitioners submits that the prosecution witnesses had stated before the learned trial Court that they had seen the petitioners at the place of occurrence and there is evidence of extra-judicial confession and evidence of recovery to connect them with the commission of the offence.
3. Heard. Three co-accused of the petitioners, namely, Khan Muhammad, Misra Khan and Muhammad Ashraf were acquitted from the case. Without going into the merits of the case lest it may not prejudice case of either side during hearing of the appeal, sufficient it to say, the petitioners are women, their case is covered by first proviso to section 497(1), Cr.P.C. which provision is also applicable while dealing with the application for suspension of sentence, therefore, petitioner's sentence is suspended and they are directed to be released on bail subject to their furnishing bail bonds in the sum of Rs.50,000 each with one surety each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court coupled with a direction that the petitioners shall appear before this Court on each and every date of hearing of this appeal. H.B.T./N-138/L Sentence suspended.