| Case ID |
153d88e7-9a2c-400a-84ba-bbbc14337cae |
| Body |
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| Case Number |
Criminal Petition No. 296-L of 2002 |
| Decision Date |
May 28, 2002 |
| Hearing Date |
May 21, 2002 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the Lahore High Court's decision to not suspend the petitioner's sentence of 14 years for murder. The High Court found that the petitioner's claims required a deeper appreciation of evidence, which could only be evaluated during the hearing of the appeal. The Supreme Court upheld the High Court's discretion as judicious and in line with established legal norms, affirming that a thorough reappraisal of evidence was not warranted at this stage. The court emphasized that the discretion to suspend a sentence should be exercised carefully and only when a legal error is evident in the judgment. Consequently, the petition was found to lack merit and was dismissed. |
| Summary |
In the case of Criminal Petition No. 296-L of 2002, the Supreme Court of Pakistan addressed the suspension of a 14-year sentence for murder under Section 426 of the Criminal Procedure Code. The petitioner, represented by Advocate Sardar Muhammad Latif Khan Khosa, sought to overturn the Lahore High Court's decision, which had dismissed the request for suspension, citing the need for a more in-depth examination of evidence. The Supreme Court ruled that such scrutiny was not appropriate at this procedural stage and affirmed the High Court's decision. The case highlights important principles of judicial discretion and the standards for evaluating evidence in appeals, reinforcing the need for a careful and judicious approach when considering petitions for suspension of sentences in serious criminal cases. Key legal frameworks involved included the Criminal Procedure Code, the Constitution of Pakistan, and the Pakistan Penal Code. This ruling serves as a critical reference for future cases involving similar legal questions, emphasizing the balance between procedural justice and substantive evaluation of evidence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
TANVIR AHMAD KHAN
|
| Lawyers |
Sardar Muhammad Latif Khan Khosa
|
| Petitioners |
ADIL BASHIR
|
| Respondents |
THE STATE
|
| Citations |
2003 SLD 871,
2003 SCMR 407
|
| Other Citations |
Bashir Ahmad v. Zulfiqar PLD 1992 SC 463,
Muhammad Ashraf v. The State 1971 SCMR 183,
Noor Abdullah and another v. The State 1981 SCMR 859,
Jamshed Azam v. The State 1990 SCMR 1393
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973,
Pakistan Penal Code, 1860
|
| Sections |
426,
185(3),
302
|