Case Details

Citation(s)
2015 SLG 2726 2015 SLD 2726 2015 PLJ 137
Lahore High Court
Crl. Appeal No. 408 of 2012, decided on 14.1.2015.
SHAH KHAWAR, J.

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MUHAMMAD SALEEM

VS

STATE, etc.--Respondents

Law:

Section:

Criminal Procedure Code, 1898-- ----Ss. 426 & 426(1-A)(c)--Suspension of sentence--Statutory ground--This petition is being decided on statutory ground i.e. non-disposal of appeal within a period of two years as prescribed under Section 426 Code of Criminal Procedure--Under Section 426 (1-A)(c), Code of Criminal Procedure, a convict of life imprisonment is entitled for suspension of sentence if his/her appeal is not decided within a period of two years--Now only question for determination before this Court is as to whether petitioner can be treated as hardened, desperate or a dangerous criminal as contemplated in proviso to Section 426, Code of Criminal Procedure--Learned Deputy Prosecutor General after perusal of record, confirms that there is no record of previous conviction of petitioner--While taking into consideration over all circumstances of case, petitioner cannot be treated as hardened, desperate or a dangerous criminal. [P. ] A & B Order Muhammad Saleem, petitioner seeks suspension of sentence awarded to him by the learned Additional Sessions judge Chichawatni, District Sahiwal vide judgment dated 31.05.2012 passed in case FIR No. 198/2010, under sections 302 and 34, PPC, registered at Police Station Kassowal, Chichawatni District Sahiwal whereby the petitioner was convicted and sentenced as under:-- "34. ... the upshot of my above discussion is that ail the accused have committed the Qatl-i-Amd of Javed Masih accused in furtherance of common intention, therefore each of accused is convicted under Section 302(b), PPC read with Section 34, PPC and sentenced to suffer LIFE IMPRISONMENT AS Tazir and to pay Rs.50,000/- as compensation to the legal heirs of said deceased under Section 544-A, Cr.P.C. and the defaulting convict shall further undergo S.I. for Six Months. The convicts are extended benefit under Section 382-B of, Cr.P.C." 2. This Crl Misc No. 1 of 2014 was filed on merits, however/learned counsel for the petitioner contends that statutory ground has also ripped as the appeal was filed on 06.06.2012 and if the Crl. Misc No. 1 of 2014 is decided on statutory ground he will not press the same on merits. 3. None has appeared on behalf of…
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