| Case ID |
20e28b9e-28ed-445a-a626-9cad1ee1900e |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. S-306 of 2012 |
| Decision Date |
Jul 01, 2013 |
| Hearing Date |
|
| Decision |
The application for suspension of the sentence was declined as the court found that the affidavits filed by some legal heirs of the deceased did not constitute a valid compromise under the law. The court emphasized that all legal heirs must be involved in the compromise for it to be recognized legally. The court also highlighted that the power to suspend a sentence is not unlimited and must be exercised with caution, particularly in serious cases such as life imprisonment. The decision reinforced that a mere no objection from some legal heirs does not suffice for suspension of the sentence without proper legal grounds. |
| Summary |
In the case of Criminal Appeal No. S-306 of 2012, the Sindh High Court addressed the application for suspension of sentence for the appellants, who had been sentenced to life imprisonment. The court ruled that the application was based solely on no objections from a few legal heirs of the deceased. The court clarified that a valid compromise must involve all legal heirs authorized by law. The ruling emphasized the importance of thorough examination of evidence and cautioned against granting bail or suspending sentences without substantial legal justification. This case underscores the legal standards for suspension of sentences in criminal appeals, highlighting the necessity for comprehensive legal representation and adherence to legal procedures. Key sections of the Criminal Procedure Code and Pakistan Penal Code were referenced, demonstrating the interplay of law in determining the outcome of criminal cases. The decision serves as a significant reference point for cases involving life sentences and the requirements for valid compromises in criminal proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SALAHUDDIN PANHWAR, J
|
| Lawyers |
Ms. Razia Ali Zaman,
Miss Nasira Sheikh,
Syed Meeral Shah, D.P.G
|
| Petitioners |
another,
GHULAM MURTAZA
|
| Respondents |
another,
GHULAM SHABIR
|
| Citations |
2014 SLD 2341,
2014 PLD 126
|
| Other Citations |
2009 PCr.LJ 260,
2005 YLR 1777,
2003 MLD 1665,
Muhammad Saleem v. State PLD 2006 SC 483,
Raja Shamshad Hussian v. Gulzar Akhtar and others PLD 2007 SC 564,
Qamar Abbas v. The State 2000 SCMR 160
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
426,
345,
497,
426(1),
302(b),
34
|