| Citation(s) |
|---|
| 1980 SLG 3137 = 1980 SLD 3137 = 1980 PLD 295 |
Supreme Court of Pakistan
Criminal Appeal No. 124 of 1979; decided on 14th July, 1980. (On appeal from the judgment and order of the Lahore High Court: Lahore, dated 2nd June 1979, in Criminal Misc. No. 1; 79 in Cr. Appeal No. 520 of 1978).
Presented By:
Sardar Ishaq Khan, Advocate Supreme Court and Akhtar Ali, Advocateon-Record for
Respondent No. 1., Nemo for
Respondents Nos. 2 to 4. Majid-ur-Rehman, Advocate Supreme Court for
Respondent No. 6.
Criminal Appeal No. 124 of 1979; decided on 14th July, 1980. (On appeal from the judgment and order of the Lahore High Court: Lahore, dated 2nd June 1979, in Criminal Misc. No. 1; 79 in Cr. Appeal No. 520 of 1978).
Presented By:
Sardar Ishaq Khan, Advocate Supreme Court and Akhtar Ali, Advocateon-Record for
Respondent No. 1., Nemo for
Respondents Nos. 2 to 4. Majid-ur-Rehman, Advocate Supreme Court for
Respondent No. 6.
Anwarul Haq. C. J. and Fakhruddin G. Ebrahim, J AKBAR ALI-Appellant
VERSUS
MUHAMMAD HANIF AND OTHERS--Respondents
Law: Code of Criminal Procedure, 1898
Section: 426 (1-A), c1. (b), 35(3)
(a) Criminal Procedure Code (V of 1898) S. 426 (1-A), c1. (b) read with S. 35(3)-Interpretation of statutes Bail-Words "for the purpose of appeal" in S. 35(3)-Mean for such purpose as may be relevant to any of provisions relating to appeal contained in Chapter XXXI, of Criminal Procedure Code, 1898 and not limited to purpose of determining forum of appeal-Principle embodied in one section of a , statute-May reasonably be resorted to in construing another provision of same statute-Various sentences ordered to run consecutively--To be treated as one sentence-Convict's aggregate sentenre, held, to be taken into account for entitling him to apply for bail finder S. 426 (I-A) (b).-[Interpretation of. statutes-Words and phrases]. Maqsood v. Ali Muhammad and another 1971 S C M R 657 ref. (b) Criminal Procedure Code (V of 1898)= S. 4260-A) cl. (c), read with S. 35(3)-Bail-Period of more than 2 years elapsing since conviction of r9spondents and their appeal yet to be disposed of-Respondent's, case being covered by cl. (c) of S. 426 (I-A) during pendency of appeal and High Court not deeming fit to deny bail to repondents under S. 426 (I-A), no purpose, held, likely to be served by cancelling bail granted to respondents by High Court-Bail allowed to continue. Date of hearing : 22nd June; 1980. At JUDGEMENT FAKHRUDDm G. EBRAatM,aJ.-Resprondents 1 to 5 were, on 13-5-1978, convicted by Mr. Muhammad Akram, Magistrate with section 30 powers; Kasur under sections 148, 325 and 326 read with section 149 of the Pakistan Penal Code. For the offence under section 326, they were sentenced to rigorous imprisonment for it period of 7 years ; for the offence under section 325 they were ordered to undergo R. I. for a period of 5 years, and for the offence under section 148 they were directed to receive R. I. for a…