1988 P Cr (PLP)
MUHAMMAD ZAMAN‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1988 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Sardar Muhammad Dogar and Riaz Ahmad, JJ |
| Parties | MUHAMMAD ZAMAN‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑ |
Q1: What are the key laws and sections cited in 1988 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 1988 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Sardar Muhammad Dogar and Riaz Ahmad, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 P Cr (PLP) (MUHAMMAD ZAMAN‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Inayatullah Cheema for Petitioner.
Headnotes / Summary
‑‑‑S. 426‑‑Penal Code (XLV of 1860) , S.302‑‑Suspension of sentence‑‑ Bail, grant of‑‑No specific evidence available against accused nor any overt act attributed to him in commission of murder‑‑Sentence suspended and bail allowed, in circumstance. Miss Shamsul Qamar for the State.
Judgment & Decree
Criminal Miscellaneous No.1 and Criminal Appeal No. 471 of 1987, decided on 23rd February, 1988. ‑‑‑S. 426‑‑Penal Code (XLV of 1860) , S.302‑‑Suspension of sentence‑‑ Bail, grant of‑‑No specific evidence available against accused nor any overt act attributed to him in commission of murder‑‑Sentence suspended and bail allowed, in circumstance. Inayatullah Cheema for Petitioner. Miss Shamsul Qamar for the State. SARDAR MUHAMMAD DOGAR, J.‑‑The petitioner who was tried with three others for having murdered Mst. Pathani stands convicted under section 302, P.P.C. and sentenced to imprisonment for life plus a fine of Rs.5,000 or in default to undergo three months R.I. further, he has also been directed to pay Rs.5,000 as compensation to the legal heirs of the deceased, vide judgment dated 2‑8‑1987 of Sessions Judge, Mianwali. His father Faiz Ahmad who was also convicted alongwith him has been sentenced to death plus a fine of Rs.5,000 or in default to undergo R.I. for three months. He was also directed to pay Rs.5,000 as compensation. The other two accused were acquitted by the Sessions Judge vide same judgment. Suspension of sentence of the petitioner is being sought on the ground that his case was at par with those who were acquitted. According to the evidence, he was standing at a distance of 90 Karams from the place where the murder took place. He had neither raised any Lalkara nor had fired a shot, even though, he was armed with a gun. Under these circumstances, the contention of the learned counsel for the petitioner appears to possess some weight that no specific evidence is available against the petitioner and that no overt act is attributed to him in the commission of murder. The petition is, therefore, allowed and the sentence of the petitioner is suspended. He shall be released subject to his furnishing bail bonds in the sum of Rs.25,000 with one surety in the like amount to the satisfaction of Assistant Commissioner, Mianwali. S.G.D./M‑699/L Bail allowed.