| Case ID |
38734130-4e3c-48d9-9203-0451029ab33e |
| Body |
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| Case Number |
Criminal Appeal No.S-43 and M.A. No.1674 of 2013 |
| Decision Date |
Aug 13, 2013 |
| Hearing Date |
|
| Decision |
The appellate court decided to suspend the sentence of the accused Jabbar during the pendency of the appeal, allowing him to be released on bail. The court highlighted that the trial court failed to specify the relevant sections under which the accused was convicted, particularly regarding section 452 of the Penal Code. The court emphasized that the trial court's omission was a significant flaw. Given the short nature of the sentence and the absence of objections from the state counsel, the court exercised its discretion under section 426 of the Criminal Procedure Code to grant bail. The decision underscored the importance of adhering to procedural requirements in criminal judgments. |
| Summary |
In the case of Jabbar vs. The STATE, the Sindh High Court dealt with a criminal appeal concerning a conviction under various sections of the Penal Code and the Criminal Procedure Code. The appellant, Jabbar, was convicted for serious offenses, including attempted murder and house-trespass. The trial court failed to properly document the legal basis for the conviction, particularly concerning section 452 of the Penal Code, which led to an appeal. The appellate court, recognizing the procedural deficiencies and the short nature of the sentence, decided to suspend the sentence pending appeal. This case highlights the critical nature of accurate legal documentation in criminal proceedings and the appellate court's role in ensuring justice is served. The decision is significant for those interested in criminal law, especially regarding the suspension of sentences and the grant of bail. The ruling also points to the necessity for trial courts to comply with procedural mandates, as set forth in the Criminal Procedure Code. Keywords: Criminal Appeal, Bail, Sindh High Court, Legal Documentation, Criminal Procedure Code. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NAIMATULLAH PHULPOTO, J
|
| Lawyers |
Asif Ali Abdul Razak Soomro,
Riaz Hussain Khoso
|
| Petitioners |
Jabbar
|
| Respondents |
The STATE
|
| Citations |
2014 SLD 1352,
2014 YLR 135
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
426,
497,
367,
324,
452,
337-A(i),
337-F(i)(iii)(v)
|