| Case ID |
0f957a39-670c-4a7e-ba30-a959c1119ff4 |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No.276-L of |
| Decision Date |
Sep 04, 1995 |
| Hearing Date |
Sep 04, 1995 |
| Decision |
The Supreme Court upheld the Lahore High Court's decision to suspend the sentence of Muhammad Afzal, who was convicted for the murder of Muhammad Shah and sentenced to life imprisonment under section 302 of the Penal Code. The Court noted that the prosecution's case had weaknesses, including the lack of recovery of the weapon used in the crime and the deceased's involvement in numerous criminal cases. The Court ultimately refused the complainant's leave to appeal, agreeing with the High Court that the suspension of the sentence was justified given the circumstances. |
| Summary |
In the case of Muhammad Afzal vs. Khalil-ur-Rehman, the Supreme Court of Pakistan addressed issues of criminal law, particularly concerning the suspension of sentences in light of weak motives and evidence. The Court emphasized the importance of thorough investigations and the implications of a deceased's criminal history in determining the merit of a case. The decision serves as a precedent in criminal jurisprudence regarding bail and sentence suspension. Keywords such as 'criminal law', 'suspension of sentence', and 'Supreme Court of Pakistan' are vital for understanding the nuances of legal proceedings in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUNIR KHAN,
RAJA AFRASIAB KHAN
|
| Lawyers |
Maqbul Elahi Malik,
S.M. Tayyab,
S.D.M. Qureshi
|
| Petitioners |
Khalil-ur-Rehman
|
| Respondents |
Muhammad Afzal
|
| Citations |
1998 SLD 1328,
1998 SCMR 523
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Criminal Procedure Code (V of 1898),
Constitution of Pakistan (1973)
|
| Sections |
302,
324,
426,
185(3)
|