2005 PLP 2804 (YLR)
Mst. RASHIDAN BIBI — Petitioner Versus THE STATE — Respondent
| Citation | 2005 PLP 2804 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ijaz Ahmad Chaudhry, J |
| Parties | Mst. RASHIDAN BIBI — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 2804 (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 2005 PLP 2804 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ijaz Ahmad Chaudhry, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 2804 (YLR) (Mst. RASHIDAN BIBI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Rehman Khokhar for Petitioner.
- Date of hearing: 16th May, 2005.
Headnotes / Summary
S. 426
Penal Code (XLV of 1860), S.308
Application for
Accused was behind the bars since her arrest and there was no likelihood of hearing of main appeal in near future
Accused was a woman and she had two minor sons to bring up, but nobody was behind to look after them
Accepting application of accused her sentence was suspended accordingly. Shams-ud-Din for the State.
Judgment & Decree
Mst. Rashidan Bibi petitioner was convicted under section 308, P.P.C. and sentenced to 14 years R.I.; and also to pay Rs.3,00,000 as diyat to the legal heirs of the deceased by the learned Additional Sessions Judge, Burewala vide judgment dated 12-3-2003. Through this application under section 426, Cr.P.C. the petitioner seeks suspension of her above-said sentence.
2. Learned counsel for the petitioner contends that the petitioner is behind the bars since 16-11-1998 continuously and has served more than half sentence in jail. It is further contended that the petitioner has two sons and nobody is behind to look after them.
3. Learned State counsel opposes this petition.
4. I have heard the learned counsel for the parties and also perused the impugned judgment. The petitioner is behind the bars since 16-11-1998 continuously and there is no likelihood of hearing of the main appeal in near future. The petitioner is a woman and she has two sons to whom she has to bring up but nobody is behind to look after her children. Hence, this application is accepted and sentence of the petitioner is suspended. Consequently, petitioner shall be released on bail subject to her furnishing bail bonds in the sum of Rs.50,000 with on surety in the like amount to the satisfaction of learned trial Court. H.B.T./R-146/L Petition accepted.