2008 P Cr (PLP)
MUHAMMAD ABBAS and 2 others — Petitioners Versus THE STATE — Respondent
| Citation | 2008 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD ABBAS and 2 others — Petitioners Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 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 2008 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 P Cr (PLP) (MUHAMMAD ABBAS and 2 others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 426
Penal Code (XLV of 1860), S.302
Petitioner had sought suspension of his sentence and release on bail during pendency of his appeal before High Court
Petitioner was empty-handed during the alleged occurrence and he had not caused any injury to any person during the incidence
Petitioner, according to prosecution, had taken deceased in his clasp and had facilitated one of co-accused in inflicting injuries upon him with a dagger
Seats of the injuries sustained by deceased, prima facie, had rendered it doubtful that said injuries could have been caused to deceased when he was in the clasp of other person
Petitioner happened to be a real brother of his two co-accused
Bad blood existed between the parties, the question regarding spreading the net wide by the complainant party to the extent of petitioner as also the question regarding vicarious liability of petitioner, would require serious consideration at the time of hearing of the main appeal
Petitioner was convicted and sentenced by the Trial Court about two and a half years ago and there was no prospect of an early hearing of main appeal
Allowing petition, sentence passed by the Trial Court against petitioner, was suspended accordingly.
Judgment & Decree
Criminal Miscellaneous No. 1 of 2006 Through this miscellaneous petition Zahoor Hussain petitioner-appellant has sought suspension of his sentence and release on bail during the pendency of his 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 straightaway observed that admittedly the petitioner was empty-handed during the alleged occurrence and he had not caused any injury to any person during the same. According to the prosecution the petitioner had taken the deceased in his clasp and had, thus, facilitated one of his co-convicts in inflicting injuries upon him with a dagger. The seats of the injuries sustained by the deceased prima facie render it doubtful that the said injuries could have been caused to the deceased when he was in the clasp of another. The petitioner happens to be a real brother of his two co-convicts. Admittedly there was bad blood between the parties and, thus, the question regarding spreading the net wide by the complainant party to the extent of the petitioner as also the question regarding vicarious liability of the petitioner shall require serious reconsideration at the time of hearing of the main appeal. The petitioner had been convicted and sentenced by the learned trial Court about two and a half years ago and there is no prospect of any early hearing of the main appeal. This miscellaneous petition is, therefore, allowed, the sentence passed by the learned trial Court against the petitioner is suspended and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.1,00,000 (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court. H.B.T./M-636/L Petition allowed.