| Citation(s) |
|---|
| 2012 SLG 2776 2012 SLD 2776 2012 PLD 411 |
Lahore High Court
Criminal Revision No. 100/2011/BWP and Criminal Miscellaneous No. 967 of 2012, decided on 16th April, 2012.
ABDUS SATTAR ASGHAR, J
Khawaja Azhar Abbas for Petitioner. Ch. Asghar Ali Gill, Deputy Prosecutor General for the State. Malik Dost Muhammad Awan for the Complainant.
Criminal Revision No. 100/2011/BWP and Criminal Miscellaneous No. 967 of 2012, decided on 16th April, 2012.
ABDUS SATTAR ASGHAR, J
Khawaja Azhar Abbas for Petitioner. Ch. Asghar Ali Gill, Deputy Prosecutor General for the State. Malik Dost Muhammad Awan for the Complainant.
MUHAMMAD SHAFIQUE
VS
THE STATE
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----Ss. 426 (1-A) (b) & 439---Penal Code (XLV of 1860), Ss.334/ 337-A(iii)/337-F(iii)---Itlaf-i-udw, shajjah-i-hashimah, ghayr-jaifah-mutalahimah---Petition for suspension of sentence on grounds of delay in disposal of revision petition---Validity---Accused had filed revision petition before the High Court impugning order of Appellate Court below, which had maintained the sentence and conviction awarded to the accused by the Trial Court---Said revision petition was pending adjudication and contention of accused was that same had not been decided within a period of one year of his conviction---Validity---Appeal of accused had been decided by the Appellate Court below within three months of his conviction, therefore, right of appeal had already been exhausted by the accused before the Appellate Court below---Section 426 (1-A), Cr.P.C was exclusively meant for delay in disposal of an appeal and accused could not get benefit of the said section by invoking discretionary revisional jurisdiction of the High Court---Section 426(1-A), Cr.P.C, did not furnish any statutory ground for suspension of sentence during the pendency of a revision petition on account of delay in its disposal--- Petition for suspension of sentence was dismissed, accordingly. Muhammad Ayub v. Muhammad Yaqub and the State PLD 1966 SC 1003 rel. (b) Criminal Procedure Code (V of 1898)--- ---Ss. 426 (1-A) (b) & 439---Suspension of sentence on grounds of delay in disposal of revision petition---Validity---Section 426(1-A), Cr.P.C, did not furnish any statutory ground for suspension of sentence during the pendency of a revision petition on account of delay in its disposal. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 439 & 426(1A)(b)---Suspension of sentence during pendency of revision petition---Scope---High Court, in exercise of its discretionary revisional jurisdiction, in exceptional cases of genuine hardship can suspend the sentence of a convict during pendency of his revision petition, for example where the convict during pendency of his revision petition develops an ailment of the nature that would result in his death, if he is kept in…
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