1987 P Cr (PLP)
GHULAM HAIDER alias IQBAL — Petitioner Versus THE STATE- Respondent
| Citation | 1987 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Khizar Hayat, J |
| Parties | GHULAM HAIDER alias IQBAL — Petitioner Versus THE STATE- Respondent |
| Primary Law | Criminal Procedure Code of (V of 1898) |
Q1: What are the key laws and sections cited in 1987 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code of (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, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 P Cr (PLP) (GHULAM HAIDER alias IQBAL — Petitioner Versus THE STATE- Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sahibzada Farooq Ali Khan and Altaf Ibrahim Qureshi for Petitioner.
Headnotes / Summary
S. 426--Penal Code (XLV of 1860), S.302--Suspension of sentence- Delay in disposal of appeal--Despite lapse of statutory period of two years appeal of accused not disposed of although it was fixed for Pacca hearing but left over--No likelihood of appeal being fixed for hearing in near future--Sentence of accused suspended in circumstances. Syed Ali Bepari's case P L D 1962 SC 502 rel. Mrs. Tasneem Akbar Khanum for the State.
Judgment & Decree
S. 426--Penal Code (XLV of 1860), S.302--Suspension of sentence- Delay in disposal of appeal--Despite lapse of statutory period of two years appeal of accused not disposed of although it was fixed for Pacca hearing but left over--No likelihood of appeal being fixed for hearing in near future--Sentence of accused suspended in circumstances. Syed Ali Bepari's case P L D 1962 SC 502 rel. Sahibzada Farooq Ali Khan and Altaf Ibrahim Qureshi for Petitioner. Mrs. Tasneem Akbar Khanum for the State. This is a petition for suspension of sentence of Ghulam Haider alias Iqbal, petitioner, who has been sentenced to imprisonment for life under section 302, P.P.C. for having caused death of Rubnawaz by giving hatchet blow on his head vide judgment, dated 9- 1-1985 passed by Sessions Judge, Layyah. Main ground urged on behalf of the petitioner is that despite the expiry of statutory period of two years his appeal has not been disposed of. 2. According to the learned trial Court, the complainant party wanted to occupy the land in dispute and for that matter brought its tractor there and the accused party (including the petitioner) defended their possession and during the conflict which ensued the deceased suffered the fatal blow at the hands of the appellant/petitioner. The petitioner pleaded right of private defence of person in the lower Court. It is noteworthy that although the learned trial Court held this case to be one of free fight in the meaning of the dictum laid down in Syed Ali Bepari's case P L D 1962 SC 502 yet he convicted the petitioner under section 302, P.P.C. instead of 304, P.P.C. 3. I am told that this appeal was fixed twice for Pacca hearing but was left over. The Deputy Registrar states that the appeal is not likely to be fixed for final hearing in the near future. In the circumstances, I find that the petitioner has made out a good case for suspension of his sentence. This petition is, therefore, allowed. Ghulam Haider alias Iqbal, petitioner, be released on bail 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, Layyah during pendency of his appeal. M.Y.H./G-52/L Sentence suspended