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MUHAMMAD SAJID vs State S — 2023 PCrLJN 71 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 PCrLJN 71 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Parties
MUHAMMAD SAJID vs State S
Subject matter
Criminal
Provisions referred to
S. 426---P; 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 SAJID VS State S. 426---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd and common intention---Suspension of sentence pending appeal---Scope---Petitioner sought suspension of sentence awarded to him by the Trial Court---Petitioner was convicted and sentenced by the judgment dated 22.3.2017 against which the appeal was filed before the High Court on 7.4.2017---Appeal pertained to the year 2017, therefore, chances of hearing were in bleak---Petitioner had not contributed in non-disposal of main appeal---Two years had already been elapsed since pendency of the appeal, therefore, petitioner had earned the right of his release on bail on the ground of statutory delay---Haunting silence was on record that the petitioner was desperate, dangerous or hardened criminal or he was previously convicted in a case of similar nature---Possibility existed that in case petitioner's sentence was not suspended, pending his appeal, lest he should not serve about his entire sentence rendering his appeal infructuous and if ultimately he earned an acquittal, he might not be compensated for incarceration---Petition for suspension of sentence was allowed, in circumstances.

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