| Case ID |
e28d52e5-5495-48de-8296-805d15663aa8 |
| Body |
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| Case Number |
Cr. M. No. 122 in Cr. A. No. 138-M of 2015 |
| Decision Date |
Jul 13, 2015 |
| Hearing Date |
|
| Decision |
The Peshawar High Court allowed the application for suspension of the sentence of the petitioner, who was convicted under section 302(b) of the Pakistan Penal Code. The Court found that the petitioner, a juvenile at the time of the offense, had not been nominated by the deceased in the FIR, which led to the conclusion that the conviction was a disregard of Sharia law. The Court emphasized that only legal heirs are entitled to charge a person for the murder of their predecessor, and since the deceased did not charge the petitioner, he was granted bail pending the final disposal of his appeal. |
| Summary |
In the case adjudicated by the Peshawar High Court, the petitioner, Muhammad Arif, faced conviction under the Pakistan Penal Code for the murder of his father, Shah Zamin. Despite being implicated, the FIR lodged by the father did not mention him, raising questions about the validity of the conviction under Sharia law, which stipulates that only legal heirs can file charges for murder. The High Court, taking into account the juvenile status of the petitioner and the procedural discrepancies, ruled in favor of granting bail until the appeal's resolution. This judgment highlights the intersection of criminal law and Sharia principles, emphasizing the necessity of proper legal representation and adherence to established legal frameworks in juvenile cases. The case underscores the importance of due process and the rights of juveniles in the legal system. |
| Court |
Peshawar High Court
|
| Entities Involved |
|
| Judges |
HAIDER ALI KHAN, JUSTICE
|
| Lawyers |
Sher Muhammad Khan,
Sabir Shah, A.A.G.
|
| Petitioners |
|
| Respondents |
The STATE through Additional Advocate General and another
|
| Citations |
2016 SLD 1444,
2016 MLD 395
|
| Other Citations |
PLD 1989 SC (Shariat Appellate Bench) Page 633
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Shariah Nizam-e-Adl Regulation, 2009,
Juvenile Justice System Ordinance, 2000,
Pakistan Penal Code, 1860
|
| Sections |
426,
9,
9(1),
13,
34,
302(b)
|