Case Details

Citation(s)
2004 SLG 887 2004 SLD 887 2004 SCMR 339
Supreme Court of Pakistan
Criminal Miscellaneous Application No.98-L of 2003 in Criminal Petition No. Nil of 2003, decision dated: 22-05-2003. (On appeal from the judgment dated 4-3-2003 passed by the Lahore High Court, Multan Bench in Criminal Appeal No.232 of 1993)
KKALIL-UR-REHMAN RAMDAY, FALAK SHER AND KARAMAT NAZIR BHANDARI, JJ
Rashid Murtaza Qureshi, -Advocate Supreme Court with Muhammad Ozair Chughtai, Advocate-on-Record for Petitioner. Nemo for the State

MUHAMMAD IQBAL

VS

THE STATE -

Law:

Section:

Penal Code (XLV of 1860)--Ss.302(b)/34 &. 307/34---Constitution of Pakistan (1973), Art. 185(3)---Accused without surrendering to custody had filed the petition before the Supreme Court under Art. 185(3) of the Constitution accompanied by another application praying that the said petition be entertained without the accused having surrendered to custody only on the ground that he was the only bread-earner of his large family and that if he surrendered to custody his family would suffer irreparably---Held, this was hardly a ground justifying entertainment of the accused's petition under Art.185(3) of the Constitution without his having surrendered himself to custody---Application was dismissed accordingly. ORDER KHALIL-UR-REHMAN RAMDAY, J.---This is an application by one Muhammad Iqbal who was convicted by a learned Additional Sessions Judge at Multan under section 302(b)/34 of the P.P.C. and sentenced to suffer imprisonment for life on two counts and who was also convicted under section 307/34, P.P.C. and was directed to undergo two years' R.I. with a fine of Rs.5,000 or six months' R.I. in default of payment. This conviction and punishment recorded against the…
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