2006 PLP 1182 (MLD)
SHAHID and 4 others — Appellants Versus THE STATE — Respondent
| Citation | 2006 PLP 1182 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Ch. Iftikhar Hussain and Asif Saeed Khan Khosa, JJ |
| Parties | SHAHID and 4 others — Appellants Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 1182 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 1182 (MLD)?
The case was heard and decided by the Lahore bench comprising: Ch. Iftikhar Hussain and Asif Saeed Khan Khosa, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1182 (MLD) (SHAHID and 4 others — Appellants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Rab Nawaz for Appellants.
Headnotes / Summary
Ss. 426(2-A) & 496
Penal Code (XLV of 1860), S.337-A(i)
Trial Court had itself concluded that petitioners/accused did not share common object with their co-convict regarding murder in issue
Petitioners were attributed simple injuries to some witnesses and they had been convicted by the Trial Court for an offence under S.337-A(i), P.P.C. which offence was bailable
In cases of conviction for bailable offences, suspension of sentence was to be granted as of right
Even otherwise the sentences of imprisonment passed against petitioners by the Trial Court were quite short and there was no prospect of an early hearing of main appeal
Sentences of petitioners passed by Trial Court, were suspended and petitioners were admitted to bail. Hata and others v. The State PLD 1967 Lah. 1302; Shah Hussain v. State 1995 PCr.LJ 209; Mian Mahmud Ali Qasuri and others v. The State PLD 1963 SC 478; Shamshad Ali v. The State 1988 PCr.LJ 2078 and Ghulam Sarwar v. The State 2003 PCr.LJ 1714 ref. Tariq Ismail Mayo for the State.
Judgment & Decree
CRIMINAL MISCELLANEOUS NO.1 OF 2004. Through this miscellaneous petition Shahid Liaqat, Shafqat, Sadaqat and Yameen petitioners-appellants have sought suspension of their sentences and release on bail during the pendency of their appeal before this Court.
2. After hearing the learned counsel for the parties and going through the judgment passed by the learned trial Court we have observed that the learned trial Court had itself concluded that the petitioners did not share common object with their co-convict regarding the murder in issue. The petitioners were attributed simple injuries to some witnesses and they had been convicted by the learned trial Court for an offence under section 337-A(i), P.P.C. which offence is bailable. The provisions of section 426 (2-A) and section 496, Cr.P.C. as well as the judgment in the cases of Hata and others v. The State (PLD 1967 Lahore 1302), Shah Hussain v. State (1995 PCr.LJ 209), Mian Mahmud Ali Qasuri and others v. The State (PLD 1963 SC 478), Shamshad Ali v. The State (1988 PCr.LJ 2078) and Ghulam Sarwar v. The State (2003 A PCr.LJ 1714) show that in cases of conviction for bailable offence suspension of sentence is to be granted as of right. Even otherwise the sentences of imprisonment passed against the petitioners by the learned trial Court are quite short and there is no prospect of an early hearing of the main appeal. This miscellaneous petition is, therefore, allowed, the sentences of the petitioners passed by the learned trial Court ate suspended and the petitioners are admitted to bail subject to furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand only) each with one surety each in the like amount to the satisfaction of the learned trial Court. H.B.T./S-27/L????????????????????????????????????????????????????????????????????????????????????? Petition allowed.