Citation Name: 2024 PCrLJ 2036 LAHORE-HIGH-COURT-LAHOREBookmark this Case Manzoor Hussain vs State Ss — 2024 PCrLJ 2036 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 PCrLJ 2036 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: PCRLJ
Parties: Citation Name: 2024 PCrLJ 2036 LAHORE-HIGH-COURT-LAHOREBookmark this Case Manzoor Hussain vs State Ss
Subject matter: Criminal
Provisions referred to: S. 382-; 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

Citation Name: 2024 PCrLJ 2036 LAHORE-HIGH-COURT-LAHOREBookmark this Case Manzoor Hussain VS State Ss. 302(b), 337-a(ii) & 337-L(2)---Qatl-i-amd, shajjah-i-madihah, hurt---Depositing the amount of arsh and Daman---Scope---accused were charged for committing murder of the brother of petitioner---after trial, one of the accused persons was sentenced to death whereas the remaining two accused persons were sentenced to pay arsh and Daman---Said two accused filed an application before the Trial Court, seeking permission to deposit the arsh and Daman amount under protest, subject to their right to appeal, which was allowed---Petitioner being aggrieved of said orders alleged that he did not receive notice of such application, though the Public Prosecutor represented the State---Validity---Upon conviction, the sentence of imprisonment must be carried out unless it is deferred or suspended under S.382-a or S.426, Cr.P.C.---However, it is impermissible for the Trial Court to allow the convict to deposit Diyat, arsh, or Daman under protest for release---any deviation from the prescribed course would constitute an act without lawful authority and would not be sustainable under the law---Impugned order being illegal and without jurisdiction, was set-aside---Petition was allowed.

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