| Case ID |
195e00f4-259b-406c-9dc2-33d5a9ac0042 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 2/B of 1995/BWP in Crim |
| Decision Date |
Oct 19, 1995 |
| Hearing Date |
|
| Decision |
The Lahore High Court accepted the application for suspension of the sentence awarded to Muhammad Rafique. The court found that the injuries attributed to him were simple in nature and that he had already undergone almost half of his sentence. The court noted that separate sentences for each injury could not be maintained under section 71 of the Pakistan Penal Code. The petitioner was granted bail on furnishing bonds, as his case was comparable to that of a co-accused whose sentence had already been suspended. The decision reflects the court's consideration of the nature of the injuries and the legal principles regarding sentence suspension. |
| Summary |
In the case of Muhammad Rafique vs. The State, the Lahore High Court addressed the application for suspension of the petitioner's sentence. The petitioner was convicted of causing simple injuries to prosecution witnesses and sentenced accordingly. The court carefully examined the legal provisions, particularly sections 71 and the benefits under section 382-B of the Criminal Procedure Code. The court's decision emphasized the importance of equal treatment of co-accused in similar circumstances and the necessity for sentences to be proportionate to the nature of the injuries inflicted. The ruling also highlighted the judicial discretion in suspending sentences when the accused has served a significant portion of their sentence. Overall, the case underscores procedural fairness and the application of legal standards in criminal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
M. Javed Butter
|
| Lawyers |
Muhammad Asif Chuhan,
Mirza Abdul Satter Baig,
M.A. Hameed,
Ch. M. Ashraf Akhtar
|
| Petitioners |
Muhammad Latif,
Muhammad Rafique,
Muhammad Shafi,
Arshad
|
| Respondents |
The State
|
| Citations |
1996 SLD 1321,
1996 PLD 196
|
| Other Citations |
Zahid Mushtaq v. The State 1994 PCr.LJ 1516,
Syed Manzoor Hussain Shah v. Syed Agha Hussain Naqvi and another 1983 SCMR 775,
Aamar Naveed and others v. The State 1993 PCr.LJ 1699
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code (XLV of 1860)
|
| Sections |
426,
337-L(2),
337-A(ii),
337-F(iv),
71
|