Case Details

Citation(s)
2015 SLG 2735 2015 SLD 2735 2015 PLJ 24
Lahore High Court
Crl. Misc. No. 1 of 2014 Crl. Appeal No. 528 of 2012, decided on 3.10.2014.
ABDUL SAMI KHAN, J.

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

GHULAM SHABBIR and 2 others/--Appellants

VS

STATE and another--Respondents

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 426--Suspension of sentence--Petition--Sentence was suspended on ground of statutory delay in disposal of appeal--Provision makes it crystal clear that right of a convict for suspension of sentence on statutory ground of delay in disposal of appeal cannot be denied except on grounds mentioned in 1st proviso of Section 426(1-A)(c), Cr.P.C.--In this case, Deputy Prosecutor General as well as counsel for complainant have not been able to substantiate their contention with any material that convict/petitioner was a desperate or hardened criminal--Petitioner was convicted--He has filed his appeal--After filing of appeal more than two years and two months have elapsed but appeal has not been decided within statutory period of two years--Hearing of main appeal was not in sight in near future--Genuineness or otherwise of allegation against petitioner would be adjudged at time of final hearing of appeal--Petition accepted and sentence was suspended. [P. 26] A & B Order Through this petition, Ghulam Shabbir petitioner seeks suspension of sentence awarded to him by the learned Additional Sessions Judge, Chichawatni, District Sahiwal vide judgment dated 30.06.2012 in case FIR No. 50/2011 dated 17.02.2011, under Section 302/34, PPC, Police Station Kassowal, District Sahiwal whereby the petitioner was convicted u/S. 302(b)/34, PPC and was sentenced to imprisonment for life. He was also directed to pay compensation amounting to Rs. 100,000/- as envisaged u/S. 544-A, Cr.P.C., in default whereof, the petitioner shall further undergo six months S.I. 2. I have heard the learned counsel for the parties and have perused the impugned judgment. During the course of arguments for suspension of sentence, learned counsel for the petitioner has confined himself to the statutory ground i.e. delay in disposal of the appeal. At the outset, it will be appropriate to reproduce the relevant provision of Section 426(1-A)(c) of the, Cr.P.C. for ready reference:-- "426(1-A)--An Appellate Court shall, except where it is of the opinion that the delay in the decision of appeal has been occasioned by an act or omission of the appellant or any…
🔒
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