SCMR 1987

1987 PLP 1155 (SCMR)

MUHAMMAD YOUSAF‑‑Petitioner Versus THE STATE‑‑Respondent

Jurisdiction / Court
High Court
Decided Date
Criminal Petition for Special Leave to Appeal No. 364 of 1986, decided on 26th April, 1987.
Honorable Judges
Nasim Hasan Shah and Saad Saood Jan, JJ
Case Reference Summary (AEO Optimized)
Citation 1987 PLP 1155 (SCMR)
Forum / Court High Court
Bench Members Nasim Hasan Shah and Saad Saood Jan, JJ
Parties MUHAMMAD YOUSAF‑‑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 1987 PLP 1155 (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 1987 PLP 1155 (SCMR)?

The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Saad Saood Jan, JJ.

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

Cite this legal precedent as: 1987 PLP 1155 (SCMR) (MUHAMMAD YOUSAF‑‑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

  • Mushtaq Raj, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
  • Date of hearing: 26th April, 1987:

Headnotes / Summary

(On appeal from the order of the Lahore High Court, dated 26‑10‑1986 in Criminal Miscellaneous No. 1‑B of 1986 in Criminal Appeal No. 575 of 1986). ‑‑‑S. 426‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Suspension of sentence‑‑ Discretion exercised by High Court not interfered with‑ Conviction under section 364/34, P.P.C.‑‑High Court, on appeal, rejecting prayer for suspension of sentence and giving reasons therefore‑‑There being no justification for interfering with discretion exercised by High Court, leave to appeal refused. Nemo for the State.

Judgment & Decree

‑‑‑S. 426‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Suspension of sentence‑‑ Discretion exercised by High Court not interfered with‑ Conviction under section 364/34, P.P.C.‑‑High Court, on appeal, rejecting prayer for suspension of sentence and giving reasons therefore‑‑There being no justification for interfering with discretion exercised by High Court, leave to appeal refused. Mushtaq Raj, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner. Nemo for the State. Date of hearing: 26th April, 1987: SAAD SAOOD JAN,J.‑‑The petitioner together with one Faqeer Hussain was convicted of an offence under section 364, read with section 34, of the Pakistan Penal Code and sentenced to suffer imprisonment for life and to pay fine. He filed an appeal in the High Court against his conviction and sentence. He also applied for the suspension of the sentence during the pendency of the appeal but his prayer in this regard was rejected. He now seeks leave to appeal from this Court.

2. The High Court has written a detailed order in which reasons for rejecting the petitioner's prayer for suspension of sentence have been given. We can find no justification for interfering with the discretion exercised by the High Court. The petition is dismissed. M.I/M‑90/S Petition dismissed.