1997 PLP 3256 (MLD)
NOOR MUHAMMAD and others — Petitioners Versus STATE — Respondent
| Citation | 1997 PLP 3256 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | NOOR MUHAMMAD and others — Petitioners Versus STATE — Respondent |
Q1: What are the key laws and sections cited in 1997 PLP 3256 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 PLP 3256 (MLD)?
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: 1997 PLP 3256 (MLD) (NOOR MUHAMMAD and others — Petitioners Versus STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Altaf Ibrahim Qureshi and Zawar Hussain Shah for Petitioners.
Headnotes / Summary
S. 426
Penal Code (XLV of 1860), S.302/34
Suspension of sentence-- Both accused persons were allegedly armed with a pistol and hatchet respectively but besides allegation of raising Lalkara during the course of occurrence they did not stand burdened with any overt act including any use of weapons respectively carried by them or giving of any injury on the person of deceased
Accused persons had been in custody for about a year after their conviction by the Trial Court
Accused persons having made out a case of suspension of their sentences of imprisonment, sentences of both accused persons were suspended and they were released on bail.
Judgment & Decree
S. 426
Penal Code (XLV of 1860), S.302/34
Suspension of sentence-- Both accused persons were allegedly armed with a pistol and hatchet respectively but besides allegation of raising Lalkara during the course of occurrence they did not stand burdened with any overt act including any use of weapons respectively carried by them or giving of any injury on the person of deceased
Accused persons had been in custody for about a year after their conviction by the Trial Court
Accused persons having made out a case of suspension of their sentences of imprisonment, sentences of both accused persons were suspended and they were released on bail. Altaf Ibrahim Qureshi and Zawar Hussain Shah for Petitioners. Sh. Muhammad Rahim for the State. Both these petitions are being disposed of together since both of them arise out of the same judgment and pertain to the co-convicts in the same case.
2. Noor Muhammad petitioner in Criminal Miscellaneous No.1 of 1995 and Allah Bakhsh petitioner in Criminal Miscellaneous No. l of 1996 were allegedly armed with a pistol and hatchet respectively, but, besides the allegation of raising Lalkaras during the course of occurrence, they did not stand burdened with any other overt act including any use of the weapons in question carried by them or giving of any injury on the person of Murtaza deceased. They have been in custody for about a year after their conviction by the learned trial Court.
2. Without expressing any opinion on the deeper merits of the case, we find that both of them have made out a case for the suspension of their sentences of imprisonment. Consequently, the sentences of imprisonment of both the petitioners (Noor Muhammad and Allah Bakhsh) are suspended and they shall be released on bail subject to each one of them furnishing security in the sum of Rupees One Lac with two sureties each in the like amount to the satisfaction of the Assistant Commissioner/Duty Magistrate Pakpattan Sharif. H.B.T./N-56/L Petition accepted.