Legal Case Summary

Case Details
Case ID 2191cc2c-f051-4166-b462-27314fea2cf9
Body View case body.
Case Number Cr.P.S.L.A. No. 267-L of 1992
Decision Date May 31, 1993
Hearing Date
Decision The Supreme Court of Pakistan accepted the appeal, set aside the orders of the High Court and the trial Court, and withdrew the warrant issued to the Collector. The Court converted the petitioner's conviction from section 302 to section 304, Part I, and imposed a life sentence, while enhancing the fines to Rs. 20,000 for each count. The decision clarified that fines were to be paid only if realized and could not be enforced through a warrant due to the petitioner already serving imprisonment in lieu of the fines.
Summary This case revolves around the appeal of a convicted individual whose sentence was altered from death to life imprisonment under section 304, Part I of the Penal Code. The Supreme Court emphasized the legal framework regarding fines under the Criminal Procedure Code, specifically addressing the conditions under which fines can be enforced. The ruling highlights the importance of adhering to legal provisions concerning the recovery of fines, especially when the convict has already served a sentence in default of payment. The decision reinforces the principle that fines imposed as part of a sentence can only be realized if not previously served through imprisonment. This case serves as a significant reference for legal practitioners dealing with similar issues related to fines and sentencing in Pakistan.
Court Supreme Court of Pakistan
Entities Involved
Judges NASIM HASAN SHAH, C.J., SAAD SAOOD JAN, MANZOOR HUSSAIN SIAL, JJ
Lawyers
Petitioners MUHAMMAD SIDDIQUE, BASHIR AHMED
Respondents
Citations 1993 SLD 782, 1993 SCMR 1671
Other Citations Not available
Laws Involved Criminal Procedure Code (V of 1898), Penal Code (XLV of 1860)
Sections 386(1), 304, Part I