Case Details

Citation(s)
2015 SLG 1025 2015 SLD 1025 2015 YLR 2611
Lahore High Court
Crl. M. No. 3668-M of 2014, decision Date : 24-10-2014.
MAZHAR IQBAL SIDHU, JUSTICE
Azam Nazir Tarar and Momin Malik for Petitioner. Madam Moqadass Tahira, A.P.G. for the State. M.A. Ghaffar-ul-Haq for the Complainant.

SHAUKAT ALI ALIAS SHAKU

VS

THE STATE AND ANOTHER

Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(b)---Criminal Procedure Code (V of 1898), S.426(2-B)---Qatl-i-amd---Suspension of execution of sentence, petition for---Petitioner/accused who was charged for murder, was tried and sentenced to imprisonment for life, and to pay Rs.4,00,000 as compensation to legal heirs of deceased---Said of the Trial Court, having been upheld by High Court, petitioner assailed the of the High Court before the Supreme Court, which granted leave to appeal to the petitioner---Petitioner had filed petition under S.426(2-B), Cr.P.C., for suspension of execution of sentence---Supreme Court had ordered for the reappraisal of the evidence so as to secure the interests of justice, in such circumstances, prima facie, a case for suspension of execution of sentence, had been made out---Petition was accepted, sentences imposed upon the petitioner by the Trial Court and upheld by the High Court, were ordered to be suspended on submission of bail bonds, with one surety by accused---Petitioner would remain incessant in appearing before the Supreme Court till the final decision of appeal. Muhammad Ashraf v. State and another 2013 PCr.LJ 403 ref. THIS ORDER PASSED BY: MAZHAR IQBAL SIDHU, JUSTICE:---.--- Petitioner by an application filed under section 426(2-b), Cr.P.C. has prayed for the suspension of execution of sentence imposed by the learned trial court, upheld by the Lahore High Court, Lahore and the Hon'ble Supreme Court of Pakistan has granted leave to appeal to the petitioner vide order dated 18-12-2012. 2. Teresely the prosecution case is that petitioner was charged to murder Shahid Mehmood, tried to conviction and sentenced vide judgment of the learned trial court dated 29-7-2009 under section 302(b), P.P.C. to imprisonment for life and to pay Rs.4,00,000 as compensation to the legal heirs of the deceased recoverable as arrears of land revenue and also benefitted under section 382-B, Cr.P.C. 3. The said judgment was questioned before Lahore High Court, Lahore but it was upheld vide judgment dated 2-4-2012, thereafter, both the judgments were assailed before the Hon'ble Supreme Court of Pakistan who has been pleased to grant leave vide order dated…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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