2011 PLP 2398 (YLR)
RAZA-UL-MUSTAFA — Petitioner Versus DISTRICT AND SESSIONS JUDGE/JUDGE ANTI-TERRORISM COURT, FAISALABAD and another — Respondents
| Citation | 2011 PLP 2398 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ijaz Ahmed Chaudhry C.J. and Mazhar Iqbal Sidhu, J |
| Parties | RAZA-UL-MUSTAFA — Petitioner Versus DISTRICT AND SESSIONS JUDGE/JUDGE ANTI-TERRORISM COURT, FAISALABAD and another — Respondents |
| Primary Law | Criminal Procedure code (V of 1898) |
Q1: What are the key laws and sections cited in 2011 PLP 2398 (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 2011 PLP 2398 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ijaz Ahmed Chaudhry C.J. and Mazhar Iqbal Sidhu, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP 2398 (YLR) (RAZA-UL-MUSTAFA — Petitioner Versus DISTRICT AND SESSIONS JUDGE/JUDGE ANTI-TERRORISM COURT, FAISALABAD and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Munir Ahmad Bhatti for Petitioner.
Headnotes / Summary
S.426(1-A) (as amended by Code of Criminal Procedure (Amendment) Act (VII of 2011)
Penal Code (XLV of 1860), S.365-A
Constitution of Pakistan, Art.199
Constitutional petition
Petition for suspension of sentence
Accused was awarded life imprisonment and more than two years had passed after' passing judgment, but appeal of accused had not been decided
Ground of delay was not available to accused, because he had been convicted and sentenced by Anti-Terrorism Court
Provisions of amended S.426(1-A) of Cr. P. C. being not applicable to case of accused, petition for suspension of sentence was dismissed, in circumstances. Barrister Muhammad Ahmad Pansota for the Complainant. Tariq Javed, DDPP for the State.
Judgment & Decree
The petitioner has filed the instant constitutional petition under Article 199 of the Islamic Republic of Pakistan for the suspension of sentence imposed upon him on 9-3-2009 by the learned District and Sessions Judge/Judge, Anti-Terrorism Court, Faisalabad.
2. Precisely, it has been argued that the petitioner is a lifer in this case, more than two years have been passed after the judgment but the appeal of the petitioner has not been decided as yet.
3. Heard. Record perused.
4. The ground of delay is not available to the petitioner because he has been convicted and sentenced by the learned Anti-Terrorism Court. In the amendment under section 426, Cr.P.C. exclusionary clause has been made with respect to certain cases and the same is as follows:-- (a)
to imprisonment for a period not exceeding three years and whose appeal has not been decided within a period of six months of his conviction. (b)
to imprisonment for a period exceeding three years but not exceeding seven years and whose appeal has not been decided within a period of one year of his conviction; or (c)
to imprisonment of life or imprisonment exceeding seven years and whose appeal has not been decided within a period of two years of his conviction. ???????????
Provided that the provisions of the foregoing paragraphs shall not apply to a previously convicted offender for an offence punishable with death or imprisonment for life or to a person who in the opinion of the Appellate Court, is a hardened desperate or dangerous criminal or is accused of an act of terrorism punishable with death or imprisonment for life".
5. No ground exists. Hence, this petition is dismissed. H.B.T./R-40/L???????????????????????????????????????????????????????????????????????????????????? Petition dismissed.