PCRLJ 2001

2001 P Cr (PLP)

JAVED AKHTAR alias ASHRAF‑‑‑Petitioner Versus THE STATE‑‑‑Respondent

Jurisdiction / Court
Lahore
Decided Date
Criminal Miscellaneous No. 1 of 1999 in Criminal Appeal No.260 of 1997, decided on 11th November, 1999.
Honorable Judges
Ali Nawaz Chowhan, J
Case Reference Summary (AEO Optimized)
Citation 2001 P Cr (PLP)
Forum / Court Lahore
Bench Members Ali Nawaz Chowhan, J
Parties JAVED AKHTAR alias ASHRAF‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
Primary Law Criminal Procedure Code (V of 1898)‑‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2001 P Cr (PLP)?

This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2001 P Cr (PLP)?

The case was heard and decided by the Lahore bench comprising: Ali Nawaz Chowhan, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2001 P Cr (PLP) (JAVED AKHTAR alias ASHRAF‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)‑‑‑

Representation

  • Altaf Ibrahim Qureshi for Petitioner.
  • Date of hearing: 11th November, 1999.

Headnotes / Summary

‑‑‑‑S. 426(1)‑‑‑Penal Code (XLV of 1860), S.302(b)‑‑‑Suspension of sentence‑‑‑Accused was in the lock‑up since over two years and his appeal was not likely to be heard in the very near future‑‑‑Sentence of imprisonment for life awarded to accused by Trial Court was suspended in circumstances and he was admitted to bail with the direction to appear in person whenever called for purpose of hearing of his appeal. Khuda Bux v. State 1994 PCr.LJ 2359 and Liaqat Ali v. State PLD 1995 SC 429 ref.

Judgment & Decree

‑‑‑‑S. 426(1)‑‑‑Penal Code (XLV of 1860), S.302(b)‑‑‑Suspension of sentence‑‑‑Accused was in the lock‑up since over two years and his appeal was not likely to be heard in the very near future‑‑‑Sentence of imprisonment for life awarded to accused by Trial Court was suspended in circumstances and he was admitted to bail with the direction to appear in person whenever called for purpose of hearing of his appeal. Khuda Bux v. State 1994 PCr.LJ 2359 and Liaqat Ali v. State PLD 1995 SC 429 ref. Altaf Ibrahim Qureshi for Petitioner. Date of hearing: 11th November, 1999. This is an appeal in Sessions Case No.25 of 1995, against the judgment, dated 17‑7‑1997, passed by the learned Additional Sessions Judge. Sahiwal, whereby the appellant Javed Akhtar alias Ashraf son of Muhammad Sharif, Caste Ansari was held guilty for Qatl‑e‑Amd of Muhammad Hanif deceased and was punished with imprisonment for life as Ta'zir. The accused was also to get the benefit of section 382‑B of Cr.P.C The learned trial Court was of the view that taking a lenient view in his case was because of the absence of any previous enmity and motive and also because of the solitary injury caused by the accused to the deceased.

2. It is said that the petitioner was continuously in confinement for the last more than two years since 17‑7‑1997 and there is no likelihood that the appeal will be heard in the near future. The petitioner, therefore, prayed for suspension of the sentence and for his release on bail.

3. The appeal is admitted to regular hearing and since the petitioner is in the lock‑up since over two years and there is no likelihood that this appeal will be heard in the very near future and while placing reliance on the case; Khuda Bux v. State 1994 PCr.LJ 2359 and Liaquat Ali v. State PLD 1995 SC 429 the operation of the impugned judgment is suspended and the petitioner is admitted to bail in the sum of Rs.1,00,000 with two respectable sureties in the like amount to the satisfaction of the learned trial Court. He is directed to appear in person whenever called for purposes of hearing of this appeal. N.H.Q./J‑25/L Sentence suspended.