Case Details

Citation(s)
2016 SLG 1595 2016 SLD 1595 2016 PLJ 320
Lahore High Court
Crl. Misc. No. 2675 of 2015, decided on 17.11.2015. Date of hearing: 17.11.2015.
ARSHAD MAHMOOD TABASSUM, J.
Mr. Muhammad Nasir Joiya, Advocate for Petitioner. Mr. Khalid Pervaiz Uppal, D.P.G. for
Respondent. Mr. Muhammad Ali Khan, Advocate for Complainant.

ABDUL MAJEED KHAN

VS

STATE and another--Respondents

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 426(2-B)--Pakistan Penal Code, 1860--Ss. 302 & 342--Conviction and sentence--Suspension of sentence--Sentence of death into imprisonment for life was commuted--Leave granting order hardly supports claim of petition for his release on bail by suspending his sentence--Petition was allowed. 2013 PCr.LJ 1102, ref. ORDER This is a petition under Section 426(2-B), Cr.P.C., filed on behalf of Abdul Majeed Khan, petitioner, who alongwith his co-accused Abdul Jameel Khan, was tired in a case registered vide FIR No. 269, dated 13.11.2002, under Sections 302, 34, PPC, registered at Police Station Kot Sabzal, Tehsil Sadiq Abad, and was ultimately convicted vide judgment dated 30.11.2004, passed by the learned trial Court and sentenced to death with a direction to pay an amount of Rs. 1,00,000/-, as compensation to the legal heirs of the deceased, in default whereof he was to further undergo six months imprisonment. However, his co-accused was acquitted of the charge. The petitioner preferred Crl. Appeal No. 358 of 2004, against his conviction and sentence. A reference was also forwarded by the learned trial Court (Murder Reference No. 87 of 2004), for confirmation or otherwise of the death sentence of the petitioner. This Court vide judgment dated 24.11.2008, commuted the sentence of death into imprisonment for life but enhanced the amount of compensation to Rs.5,00,000/-. The Murder Reference was accordingly answered in negative. The petitioner then preferred Crl. Petition No. 34-L of 2009, before the Apex Court and the Apex Court has been pleased to grant leave in the said…
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