Case Details

Citation(s)
2018 SLG 2800 2018 SLD 2800 2018 PLJ 728
Lahore High Court
Crl. Appeal No. 403 of 2017, decision & hearing Dated: 25.06.2018.
CH. MUSHTAQ AHMED, JUSTICE
Petitioner(s) by: Allah Bakhsh Khan Kulachi, Raheela Saleem Malik and Syed Jaffar Tayyar Bukhari, Advocates Rao Sajjad Ali, Advocate
Respondent(s) by: Mr. Hassan Mahmood Khan Tareen, DPG

MUHAMMAD SHEHZAD

VS

STATE & ANOTHER

Law: Criminal Procedure Code (V of 1898)

Section: 426

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 426--Suspension of execution of sentence--Deeper appreciation of evidence--Tentative assessment--Petitioner is behind bars for last more than one year--Main stay at present stag for suspension of execution of sentence is statement of complainant/victim who is present before Court and submits that present petitioner is not her culprit and she has no objection on acceptance of this petition--She also submitted her affidavit in that regard--Petitioner could not be termed, in given and stated position to be hardened, desperate and dangerous criminal--A case for suspension of execution of sentence awarded petitioner, is made out--Sentence was suspended. THIS ORDER PASSED BY: CH. MUSHTAQ AHMED, JUSTICE---.--- C.M. NO. 1 OF 2017 Petitioner Muhammad Shahzad has moved this petition for suspension of execution of his sentences u/S. 426 Cr. P.C. on the ground that he was convicted on 8.3.2017 in case registered vide FIR No. 560 dated 7.8.2014 u/S. 376(i), PPC at Police Station City Lodhran and sentenced to imprisonment for 10-years R.I and also to pay fine of Rs.1,00,000/- in default of which to further under six months S.I. Benefit of Section 382-B, Cr.P.C. was also extended to him. 2. Learned counsel for petitioner contended that present petitioner is behind the bars for the last more than one year; that complainant/victim of the case does not want to prosecute the case further, so, the sentence of petitioner may please be suspended. 3. Petition has been opposed vehemently by learned Deputy Prosecutor General, however, learned counsel for…
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