| Case ID |
e1f03a51-adea-4fb3-84b9-a1cd53692948 |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No. |
| Decision Date |
Nov 12, 1983 |
| Hearing Date |
Nov 12, 1983 |
| Decision |
The Supreme Court of Pakistan dismissed the petitioner's request for leave to appeal against the Peshawar High Court's decision which had refused to enhance the sentence of rigorous imprisonment and fine. The court found no justification for interference with the High Court's judgment, which it deemed not to suffer from any legal or principled infirmity. The judgment of the High Court stands affirmed, and the petition is dismissed. |
| Summary |
This case revolves around the Supreme Court of Pakistan's decision concerning the refusal of the Peshawar High Court to enhance a sentence related to sections 427, 434, and 447 of the Penal Code. The petitioners challenged this refusal, seeking a review of the High Court's sentencing decision. The Supreme Court, after thorough consideration of the arguments presented by the petitioners' advocates, concluded that there was no adequate ground for interference with the High Court's ruling. The case highlights the principles of legal review and the standards for enhancing sentences within the framework of the Constitution of Pakistan. Key issues included the interpretation of legal provisions and the assessment of the High Court's discretion in sentencing. The ruling reinforces the authority of the High Court's decisions unless clear legal infirmities are demonstrated. This case is significant for understanding the appellate process and the application of criminal law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
M. S. H. QURAISHI
|
| Lawyers |
Sh. Zafar Mahmood,
Khan Imtiaz Muhammad Khan
|
| Petitioners |
Raja MUHAMMAD FEROZUDDIN
|
| Respondents |
another,
ABDUL QAYYUM
|
| Citations |
1984 SLD 773,
1984 SCMR 1079
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860)
|
| Sections |
Art. 185(3),
427,
434,
447
|