MUHAMMAD ARSHAD vs State S — 2022 PLD 437 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLD 437 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLD
Parties: MUHAMMAD ARSHAD vs State S
Subject matter: Criminal
Provisions referred to: S. 426; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD ARSHAD VS State S. 426 (1-a) (c)---Penal Code (XLV of 1860), Ss. 302 (b) & 324---Qatl-i-amd, attempt to Qatl-e-amd---Suspension of sentence---Statutory delay---applicability---accused persons were convicted by Trial Court and sentenced to imprisonment for life, who sought suspension of their sentences on statutory delay in conclusion of appeal---Validity---accused persons had been behind the bars since date of their arrests i.e. 14.4.2012 and they were awarded sentence vide judgment dated 22.12.2017---accused persons had undergone 8 years of sentence and disposal of appeal was not within sight in near future---Liberty of a person was precious right and the same was also safeguarded/guaranteed under the Constitution---Ground of statutory delay was available to accused persons as provided under S.426(1-a)(c), Cr.P.C.---High Court suspended sentences of accused persons on the ground if after suffering incarceration in jail the accused persons were ultimately acquitted, there would be no compensation for their incarceration---Sentence was suspended, in circumstances.

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