Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 426,497

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Criminal Procedure Code (V of 1898), S. 426---Qatl-i-amd---Suspension of sentence and release on bail---Benefit of doubt---High Court while suspending the sentence inflicted upon the accused by the Trial Court mainly observed that according to the crime report, the accused along with two co-accused while each armed with .30 bore pistol had made three separate fire shots upon the person of the deceased, which landed on his belly but the assertion of the prosecution witnesses was contradicted by the doctor, according to whom, the deceased sustained only one injury on his belly---During course of trial both the prosecution witnesses had improved their earlier stance and stated that it was only the accused whose fire landed on the belly of the deceased---Possibility could not be ruled out that the prosecution witnesses deviated on the advice of their counsel or otherwise, therefore, the same could not be made basis to keep a person behind bars for an indefinite period especially when the Investigating Officer had candidly stated that the empties recovered from the place of occurrence had not been fired by the pistol allegedly recovered at the instance of the accused---Previous enmity also existed between the parties as earlier the deceased was involved by the accused in a case of attempted murder---High Court while suspending the sentence had taken care of justiciable facts and circumstances and no exception could be taken contrary to what had been observed by the High Court in the impugned order---Petition for leave to appeal was dismissed and leave was refused. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 426 ,  497---Bail---Suspension of sentence---Benefit of doubt---Benefit of doubt can be extended to accused even at preliminary stage i.e. bail and suspension of sentence. Mushtaq Ahmed Mahal, Advocate Supreme Court (through video link from Lahore) for Petitioner. Mirza Muhammad Usman, D.P.G. for the State. Mrs. Nighat Saeed Mughal, Advocate Supreme Court along with Babar Abbas (via video link from Lahore) for Respondent No. 2. hearing date: 13th April, 2022. JUDGMENT SAYYED MAZAHAR ALI AKBAR NAQVI,…

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