| Citation(s) |
|---|
| 2014 SLG 1373 2014 SLD 1373 2014 YLR 303 |
Sindh High Court
Criminal Jail Appeal No.D-427 of 2010 and M.A. No.7425 of 2012, decision dated: 10-07-2013
NISAR MUHAMMAD SHAIKH AND SALAHUDDIN PANHWAR, JJ
Syed Madad Ali Shah for Appellant. Shahid Ahmed Shaikh, A.P.G. for
Respondent
Criminal Jail Appeal No.D-427 of 2010 and M.A. No.7425 of 2012, decision dated: 10-07-2013
NISAR MUHAMMAD SHAIKH AND SALAHUDDIN PANHWAR, JJ
Syed Madad Ali Shah for Appellant. Shahid Ahmed Shaikh, A.P.G. for
Respondent
GHULAM MUHAMMAD and another--Applicants
VS
The STATE
Law:
Section:
Criminal Procedure Code (V of 1898)---S. 426---Penal Code (XLV of 1860), S.302(b)--- Qatl-e-amd--- Suspension of sentence pending appeal and release of accused on bail---Present jail appeal was filed by appellants/accused persons, three days after awarding them conviction by the Trial Court, and it was admitted for hearing after one month and four days from its filing---Order sheet had revealed that there was no delay on the part of accused party in proceeding with the appeal---Record did not show any adjournment application moved by accused persons or their advocate---Period of statutory delay, in the case, appeared to have matured for consideration of the release of accused persons on bail---Nothing was on record to indicate, if accused were previously convicted, or were involved in any act of terrorism---No material had been brought on record to indicate that accused were desperate, hardened or dangerous criminals---Accused persons, who were in jail since the day of their arrest on 9-4-2004, seemed to be entitled for the suspension of their sentence and grant of bail pending appeal---Sentence awarded to accused persons, was suspended and they were directed to be released on bail in circumstances. 2012 PCr.LJ 634; 2012 MLD 1532; PLD 1995 SC 49; 2012 YLR 2914; 2012 PCr.LJ 1172; 2012 YLR 77; 2013 YLR 906 and 2013 PCr.LJ 403 ref. ORDER The appellants Ghulam Muhammad and Allah Dino seek the grant of bail with suspension of sentence on the ground of statutory delay in disposal of this Criminal Jail Appeal filed by them against their conviction under section 302(b), P.P.C. and sentence of life imprisonment with fine of Rs.50,000 each and compensation of Rs.200,000 each. Such conviction and sentence was awarded to the appellants vide judgment dated 13-11-2010, passed by learned 1st Additional Sessions Judge, Badin in connection with Crime No.24 of 2004 of Police Station Matli. 2. The learned counsel for the appellants, relying upon the cases reported as 2012 PCr.LJ 634, 2012 MLD 1532, PLD 1995 SC 49, 2012 YLR 2914, 2012 PCr.LJ 1172, 2012 YLR 77, 2013 YLR 906, 2013 PCr.LJ 403, contended that though the appellants were awarded life imprisonment for having committed…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492