Case Details

Citation(s)
2002 SLG 1357 2002 SLD 1357 2002 SCMR 1211
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No.61-L of 2002, decision dated: 14-02-2002, hearing DATE : 14-02-2002.
QAZI MUHAMMAD FAROOQ AND TANVIR AHMED KHAN, JJ
Abdul Hafeez Cheema, Advocate Supreme Court with S. Abul Aasim Jafri, Advocate-on-Record for Petitioners. Nemo for the State.

FAZAL MUHAMMAD and another

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)----S.426---Penal Code (XLV of 1860), Ss.419/420/468/471---Constitution of Pakistan (1973), Art. 185(3)---Suspension of sentence---Arguments raised on behalf of the accused went to the root of .the case which could only be appreciated at the time of hearing of the appeal by the High Court when the entire evidence adduced by the parties would be thrashed out-- -Order passed by High Court dismissing the application for suspension of the sentence of accused did not suffer from any illegality---Leave to appeal was refused to accused by the Supreme Court in circumstances. ORDER . TANVIR AHMED KHAN, J.---Leave to appeal is sought against the order, dated 21-12-2001 passed by a learned Single Judge of the 'Lahore High Court, Lahore, whereby Criminal Miscellaneous'No.2 of 2001 for the suspension of sentence of 7 years' R.I. and a fine of Rs.5,000 and in default to suffer two months' S.I. recorded against the petitioners by the learned Magistrate Section 30, Kallur Kot, emanated out of F.I.R. No.74 of 1995, dated 2-9-1995 under sections 419/420/468/471, P.P.C. registered with Police Station Jandanwala, District Bhakkar, was dismissed. Learned counsel has argued that the impugned conviction recorded against the petitioner by…
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