| Case ID |
d6898835-79a4-4798-85a6-84693cd09679 |
| Body |
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| Case Number |
M. A. No. 40 of 2001 in Crl. Appeal No. 199 of 200 |
| Decision Date |
Jan 30, 2001 |
| Hearing Date |
|
| Decision |
The court granted the suspension of the sentence awarded to the appellant Muhammad Ali, who was convicted under sections 320 and 337-A(i) of the Penal Code. The appellant was sentenced to 5 years of rigorous imprisonment and ordered to pay Diyat amounting to Rs. 2,51,625-04 to the legal heirs of the deceased. The suspension was granted on the basis of the argument that during the trial, no expert was examined to determine the fault of the appellant or the bus driver, and the two injured witnesses did not implicate the appellant. The State's counsel did not oppose the suspension, leading to the decision to release the appellant on bail on furnishing surety and bond. |
| Summary |
In the case of Muhammad Ali vs. The State, the Sindh High Court deliberated on the appeal filed by Muhammad Ali, who contested his conviction under the Penal Code. The core issue was the lack of expert testimony during the trial, which could potentially absolve him of the charges. The court highlighted the absence of evidence from two injured witnesses who did not identify Ali as the accused. The decision underscored the importance of fair trial rights and the necessity of expert evidence in determining culpability. The court's ruling to suspend the sentence pending appeal is significant for legal practitioners, emphasizing the balance between justice and procedural fairness. The case references previous rulings that support the right to bail in similar circumstances, thus reinforcing the legal standard for appeals in criminal cases. Keywords include 'criminal appeal', 'suspension of sentence', 'fair trial', 'legal rights', and 'expert testimony'. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
S. Ali Aslam,
Jafri
|
| Lawyers |
Madad Ali Shah Syed,
Muhammad Azeem Panhwar
|
| Petitioners |
Muhammad Ali
|
| Respondents |
The State
|
| Citations |
2004 SLD 2509,
2004 PCRLJ 1444
|
| Other Citations |
Hussain v. The State PLD 1995 Kar. 209,
Abdul Hameed v. Muhammad Abdullah and others 1999 SCMR 2589
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
426,
320,
337-A(i)
|