1990 PLP 249 (SCMR)
ZAHOOR IQBAL and others — Petitioners Versus THE STATE — Respondent
| Citation | 1990 PLP 249 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Shafiur Rahman, Ali Hussain Qazilbash |
| Parties | ZAHOOR IQBAL and others — Petitioners Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1990 PLP 249 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 249 (SCMR)?
The case was heard and decided by the High Court bench comprising: Shafiur Rahman, Ali Hussain Qazilbash.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 249 (SCMR) (ZAHOOR IQBAL and others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Tariq Azam Chaudhry, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioners.
- Date of hearing: 12th June, 1989.
Headnotes / Summary
(From the order of the Lahore High Court, Rawalpindi Bench, dated 27th March, 1989, passed in Criminal Miscellaneous No. 148-B/1989 in Criminal Appeal No. 81 of 1988).
S.426
Penal Code (XLV of 1860), S.392/397
Suspension of sentence-- Accused were sentenced to 10 years' R.I.
No ground for suspension of sentence had been made out
Question whether accused could be sentenced under S.397, P.P.C. was a matter touching upon the merits of case which could be debated and adjudicated upon in the Appellate Court
Petition for leave to appeal dismissed. Nemo for the State.
Judgment & Decree
S.426
Penal Code (XLV of 1860), S.392/397
Suspension of sentence-- Accused were sentenced to 10 years' R.I.
No ground for suspension of sentence had been made out
Question whether accused could be sentenced under S.397, P.P.C. was a matter touching upon the merits of case which could be debated and adjudicated upon in the Appellate Court
Petition for leave to appeal dismissed. Tariq Azam Chaudhry, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Nemo for the State. Date of hearing: 12th June, 1989. ALI HUSSAIN QAZILBASH, J.--This petition for leave to appeal arises from the order of a learned Division Bench of the Lahore High Court, Rawalpindi Bench, dated 27-3-1989, whereby the petition filed by the petitioners for suspension of their sentence was dismissed. '
2. The petitioners were charged and tried for offences under section 392/397, P.P.C. by the Punjab Special Court No.7 at Rawalpindi and vide order dated 21-6-1988 were sentenced to 10 years' R.I. with a fine of Rs.10,000 each or in default to further two years' R.I. Against their conviction and sentence the petitioners filed an appeal in the High Court and a prayer was made for the suspension of the sentence. This prayer was turned down twice earlier.
3. We have heard the learned counsel for the petitioners and we do not find any substance in the petition in hand. The petitioners have been sentenced to 10 years R.I. and no ground has been made out for suspension of the sentence. The question whether the petitioners could be sentenced under section 397 P.P.C. is a matter which touches upon the merits of the case and can be debated and adjudicated upon in the appellate Court.
4. This petition is thus dismissed. M.A.K./Z-72/S Petition dismissed.