Arslan Ali vs State S — 2024 YLR 2801 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 YLR 2801 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: YLR
Parties: Arslan Ali vs State S
Subject matter: Criminal
Provisions referred to: S. 426---P; 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

Arslan Ali VS State S. 426---Penal Code (XLV of 1860), Ss. 302, 324, 337-A(i), 337-D, 337-F(i), 337-F(ii), 148 & 149---Suspension of sentence pending appeal---Scope---Allegation against the petitioner was that he caused injury with Churri on the left side of chest of victim who succumbed to the injuries---Petitioner was arrested on 07.11.2019, judgment was pronounced on 29.03.2022 and since then, his appeal had not been taken for regular hearing---On 16.06.2022, the appeal was admitted for regular hearing and then was taken up for 20.09.2022 wherein complainant side sought adjournment and it was never fixed again---Thus, delay was not attributable to the petitioner which is why the petitioner also urged his petition on statutory ground of delay as well---Considering the heavy backlog, the main appeal of the petitioner relating to the year 2022 was not likely to be taken up for hearing in near future as well---From tentative assessment of the trial Court judgment, it could conveniently be observed that case of the petitioner did not attract the proviso to S.426(1-A), Cr.P.C, as he could not be termed as hardened, desperate or a dangerous criminal nor he was previous convict of any offence punishable with death or imprisonment for life nor an accused of an offence of terrorism punishable with death or imprisonment for life---Petition was accordingly allowed.

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