Case Details

Citation(s)
2021 SLG 879 2021 SLD 879 2021 MLD 594
High Court (AJ&K)
Criminal Miscellaneous No. 36 of 2020, decided on 9th September, 2020.
MUHAMMAD SHERAZ KIANI, J
Abdul Aziz Ratalvi for Applicants. Additional Advocate General for the State. Ch. Mehboob Ellahi for the Complainant.

USMAN AND ANOTHERS

VS

THE STATE AND OTHERS

Law: Criminal Procedure Code (V of 1898)

Section: 426

Law: Penal Code (XLV of 1860)

Section: 302,394,341,201,204,109,34

(a) Criminal Procedure Code (V of 1898)--- ----S.426---Penal Code (XLV of 1860), Ss.302, 394, 341, 201, 204, 109 34---Qatl-i-amd, voluntarily causing hurt in committing robbery, Wrongful restraint, causing disappearance of evidence of offence or giving false information to screen defenders, destruction of document to prevent its production as evidence, abetment, common intention---Application for suspension of sentence---Scopes convicted under S.302, P.P.C. and sentenced to life imprisonment had sought suspension of their sentence---Validity---Period of more than two years had expired and the appeal had not been decided so far without any fault of the convicts-petitioners---Investigation and evidence showed that both the convicts made premeditation for the purpose of robbery and waited for the deceased to appear at the place of occurrence---Both accused were armed with 30-bore pistols and they shot repeated fires in order to take the life of the deceased, so said brutal acts of the convicts-applicants disentitled them to concession of bail on statutory ground and they appeared to be desperate and dangerous criminals---Impugned seemed to be based upon evidence and the convicts-applicants, prima facie, appeared to be connected with the offence they were convicted for---Nothing had been pointed out which might create a serious doubt on the face of the record---Application, for suspension of sentence having no force, was dismissed in circumstances. Muhammad Shahbaz v. The State and others 2013 PCr.LJ 45 rel. (b) Criminal Procedure Code (V of 1898)--- ----S.426---Suspension of sentence---Circumstantial evidence---Scope---Mere conviction of an accused on circumstantial evidence did not make out a case for suspension of sentence awarded by a competent court of law after full trial of the case, provided the same rang true and connected all the events in a chain. (c) Criminal trial--- ----Circumstantial evidence---Scope---Circumstantial evidence was as good as any other evidence, if the same was cogent and confidence inspiring. ORDER MUHAMMAD SHERAZ KIANI, JUSTICE.---- This is an application for suspension of sentence and bail filed under section 426 1-A,(C), Cr.P.C.…
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