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SAJJAD HUSSAIN alias SHAKA vs State S — 2022 YLR 359 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLR 359 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
YLR
Parties
SAJJAD HUSSAIN alias SHAKA vs State S
Subject matter
Criminal
Provisions referred to
S. 426---P; S. 302---Q; S. 302; 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

SAJJAD HUSSAIN alias SHAKA VS State S. 426---Penal Code (XLV of 1860), S. 302---Qatl-i-amd---Suspension of sentence pending appeal---Scope---Appellant sought suspension of his sentence passed by the trial court in an FIR registered under S. 302, P.P.C.---Appellant was not named in the crime report, which was lodged against the unknown accused---Only evidence available on record against the appellant was wajtakar furnished by paternal uncles of complainant as well as deceased and despite the fact that they were residents of same vicinity, their names were not mentioned in the crime report---No identification parade was held in the case---In the absence of any motive for the commission of the alleged offence, the upholding of the sentence imposed upon the appellant in peculiar circumstances of the case required very serious consideration, which could be undertaken at the time of hearing of appeal---Appellant had already undergone sentence of about eight and half years, whereas disposal of main criminal appeal was not within sight in near future---Ground of statutory delay was also available to the appellant---Appellant was neither a hardened nor desperate criminal---Application for suspension of sentence was allowed.

Other judgments reported in 2022 YLR

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