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---C; S. 426

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---Constitution of Pakistan, Art. 9---Suspension of sentence pending appeal---Security of person---Scope---Liberty of a person being precious right, which is also guaranteed under the Constitution coupled with the fact that if after suffering the incarceration in jail, the petitioner is acquitted, how he could be compensated for his incarceration, as there is no reparatory arrangement so far provided in any law including the Cr.P.C. to compensate him for incarceration in prison for years, while to the contrary subsection (3) of S. 426, Cr.P.C. provides that while computing the sentence of convict, the period during which this sentence was suspended and he was released on bail, shall be excluded from the total period of sentence, he has to undergo.

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