Alternate sentence

2020 MLD 1599 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 302Qatl-i-amdMotive not provedAlternate sentenceScope

Where the prosecution fails to prove the motive for the murder the court is justified in imposing the alternate sentence of life imprisonment as opposed to the death penalty.

2014 PCrLJ 1464 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent

S. 497BailAlternate sentencePrinciple

When two alternate punishments of imprisonment or fine have been provided, in such like cases, bail has to be granted to accused on the principle that when two statutes provide two punishments then for the purpose of bail, lesser one is considered

Whether Trial Court after conclusion of trial inflicts sentence of imprisonment or fine, it is the sole discretion of Trial Court and the same cannot be ascertained at bail stage

Such fact alone makes case of accused as one of further inquiry as to which punishment is to be inflicted.

2014 PCrLJ 1464 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent

S. 497Electronic Transactions Ordinance (LI of 2002), Ss.36 & 37Penal Code (XLV of 1860), Ss.420, 506, 507 & 509

Violation of privacy of information, damage to information system, cheating, criminal intimidation and gesture or act intended to insult modesty of a woman

Bail, grant of

Further inquiry

Alternate sentence

Case not falling under prohibitory clause of S.497, Cr.P.C.

Accused had been in custody since 28-3-2014, investigation was completed and report under S.173, Cr.P.C. had been submitted before competent Court of law for trial

Effect

One of the factors for detaining accused, being necessity of custodial interrogation did not subsist anymore

Offences under Ss.420, 506, 507 & 509, P.P.C. did not fall within the purview of prohibitory clause as contained in S.497(1), Cr.P.C. and grant of bail in such like cases was a rule and refusal was an exception

One of the alternate sentences under Ss.36 & 37 of Electronic Transactions Ordinance, 2002, was fine only

Bail was allowed in circumstances.